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x5red · 5 years

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Sixty fun & fascinating facts about the classic Supergirl (2 / 4)

Welcome to part two of a fun four part series to mark the sixtieth anniversary of the classic Kara Zor-El’s debut in DC Comics in May 1959 -- sixty fascinating facts, one for each year since her introduction.

Compiled below is the second set of surprising or unusual trivia super snippets about the original intrepid Argo City teen who leapt from that crumpled Midvale rocket ship. Covering her original Silver and Bronze Age incarnation, in comics and on screen, each factoid is calculated to intrigue and delight – hopefully even seasoned Kara fans will find a few morsels of trivia that had previously escaped their attention.

Enjoy…

16. She has a criminal record.

One of the nice things about being a superhero is that you get to smash up entire city blocks, throw large vehicles around with gay abandon, and generally cause billions of dollars worth of mayhem to major public infrastructure – all without consequence. That is, assuming you don’t do any of those things in San Francisco. In Adventure Comics #399 (Nov 1970) Supergirl detains some fleeing gangsters by using her super-strength to block the ends of a road bridge. At the story’s close, after dealing with urgent matters elsewhere, she returns to the bridge to be met by members of the San Francisco Police Department, who charge her with criminal damage to public property and obstruction of traffic. (The cops do at least thank her for capturing the gangsters, but only after they insist she fixes the bridge..!)

17. Her mother didn’t originally have a name.

The bond between Kara and her deceased Kryptonian mother is a big part of modern Supergirl mythos, but surprisingly when Supergirl was first introduced Kara’s mom played such a small role in her origin that writer Otto Binder didn’t even give her a name. In the original telling (and subsequent re-tellings) of Kara’s origin story, Kara’s mom was simply “Zor-El’s wife”. The name “Alura” first crops up in Action Comics #291 (Aug 1962), but subsequent stories couldn’t decide on a consistent spelling: one L or two(?) When reader Glen Chihara complained in Adventure Comics #384 (Sept 1969), DC standardised the name as Alura with one L. Readers then had to wait until Krypton Chronicles #3 (Nov 1981) for Alura’s full family name, Alura In-Ze, to be revealed in a Roots-inspired mini-series dealing with Superman’s family origins.

18. She was originally intended to be a major character in the Superman III movie.

Flushed with the success of the Christopher Reeve Superman movie, and with a sequel close to completion, producer Ilya Salkind started to sketch out a potential future direction for the movie franchise. His initial story outline for Superman III, penned in November 1980 then updated in March 1981, envisioned a tale centred squarely around romance -- romance between Superman and Supergirl..!

A flashback reveals another escapee from Krypton, a young Kara Zor-El, crash landing on Brainiac’s planet (”all black and sinister”), where she is raised to be his future bride. Preferring to seek romance elsewhere, the adult Kara flees to Earth, where her attempts to blend in among the locals are unsuccessful, drawing the attention of the Man of Steel. Kal-El falls in love with Kara, but their courtship is cut short when -- inevitably -- Brainiac shows up to claim his bride. Of course Superman wins the day, with help from Supergirl, and the movie ends with the suggestion that the cousins will likely marry.

19. It is against the law for her to marry Superman.

Around the world the law varies regarding whether cousins can marry, but Krypton law, it seems, has no such ambiguity. Action Comics #289 (June 1962) saw a young Kara play cupid by trying to find a love-match for her cousin. Naturally all her attempts fail. “If I ever did marry, it would be to someone super and lovable like... you!”, announces Kal-El as he looks deep into Kara’s eyes, “We can’t marry because we’re cousins! [...] We’re both from the planet Krypton, where the marriage of cousins was unlawful!”

(It is worth pointing out that, at the time the aforementioned tale was published, DC claimed Kara was only sixteen years old.)

20. Her Supergirl costume is super-flexible.

As the 1960s wore on, and DC allowed the Girl of Steel to age from a schoolgirl into a college student, Kara’s Linda Danvers identity took on a more contemporary look. Thanks to 60s fashions, this meant short sleeves and even shorter skirts. Inevitably fans started to ask how Kara could conceal her superhero attire beneath her increasingly diminutive mod wardrobe, prompting one of DC’s trademark ad hoc and post hoc explanations in Action Comics #342 (Oct 1966.) Her costume, it seemed, was super-flexible -- the sleeves could be rolled up tight to fit snugly under whatever swinging 60s threads Kara happened to be wearing at the time, even t-shirts.

21. She liked her men to be rugged.

The Silver Age was full of wonderfully strange stories, and the one featured in Action Comics #320 (Jan 1965) was no exception. Laying a trap for the Maid of Might, a genius in robotics named Skoll secretly scans Kara’s mind to create a perfect robot mate. The scans expose her various likes and dislikes, including the fact that young Kara has a thing for rugged looking men. An unwitting Supergirl falls in love with her manufactured mate, of course, but its robot programming is a little too good -- it exhibits genuine affection for Kara, causing it to betray Skoll and sacrifice itself to help Supergirl.

22. She owned two cats, both named Streaky.

Streaky the Super Cat arrived in the Supergirl canon just a few short months after the Girl of Steel’s comicbook debut. Readers had already begun to write in to DC to ask when Linda (Supergirl) Lee would be getting her own super pet like Superboy’s Krypto, and in Action Comics #261 (Feb 1960) DC obliged. The oft-impetuous Streaky was Kara’s faithful companion throughout her 1960s adventures, last appearing in Adventure Comics #394 (June 1970), after which writers simply forgot about him. What happened to the Feline of Fortitude is a mystery, but by Daring New Adventures of Supergirl #6 (Apr 1983) Kara seemed to be referring to Streaky in the past tense. During this issue Linda adopts a new stray cat (or was it the other way around?), christening her Streaky because, "she reminds me of a cat I used to own!"

23. Helen Slater auditioned for the role of Supergirl wearing a home-made costume.

As a test of invention and imagination, director Jeannot Szwarc asked all potential Supergirls to improvise a costume that symbolised their own idea of the Maid of Might. Slater rose to the challenge, quickly pulling together a basic superhero outfit that apparently wowed Szwarc: “She had improvised a costume with tights and sort of cloak. I just looked into those blue eyes, with that jaw-line and everything. She had it. There was just no contest with anyone else.”

24. Technically, she’s a cyborg.

In the early 1970s Supergirl narrowly dodged death when a treacherous boyfriend tricked her into drinking a potion that stole her super-powers, then lead her into an ambush of a hail of bullets. The Girl of Steel survived, but as a consequence she suffered from sporadic bouts of super-powerlessness for months afterwards. In Adventure Comics #402 (Feb 1971), scientists from the Bottle City of Kandor -- ever keen to help -- devised various bionic replacements to compliment Kara’s unreliable abilities, including an external exo-skeleton for strength, jet-powered boots for flight, and surgical implants to replicate some of her other former abilities. Eventually the effects of the potion wore off, and Kara’s true Kryptonian abilities returned, but there’s no record that she ever had the bionic surgery reversed.

25. Superman didn’t trust her with his secret identity.

Many fans agree that the Silver Age Superman was not always be nicest of guardians to the teenage Kara Zor-El, but even by the cruel standards of the time, the tale that unfolded inside Action Comics #258 (Nov 1959) was particularly harsh. Superman had thus far not trusted the secret of his dual identity to Kara. When Kara reveals her own identity to Krypto the Super Dog, Superman punishes her with banishment to an asteroid for a year. (Yes, a year!)

A crisis back on Earth, however, saw Kara return temporarily to help her cousin, after which Kal-El arranges a test to prove definitively that Kara can’t be trusted to keep her own (and therefore his) secret identity. His plan backfires, however, as not only does Kara manage to successfully protect her own dual identity, but in the process she exposes Kal-El’s own secret. Her cousin admits defeat, and Supergirl’s asteroid exile is rescinded.

26. She was a great student, but a lousy employee.

Kara’s everyday life during the Bronze Age can best be summed up as restless and volatile. She tried her hand at a variety of careers, but usually stormed out spectacularly after clashing with her bosses. Kara sought employment as a news camera operator in San Francisco, a student councillor in Santa Augusta (Florida), and a daytime soap actress in New York. Each time she quit in a fury, often uprooting herself to a new location to start afresh in the aftermath.

In-between her failed career attempts Kara returned to education. After quitting her camera operator job she enrolled on a Drama course at Vandyre University (San Francisco), and then after spectacularly abandoning her acting career she became a mature student majoring in Psychology at Lake Shore University (Chicago.) These bouts as a student seemed to be the only times that Kara was content with her life as Linda Danvers, although she never quite mastered balancing her private life with her duties as Supergirl.

27. The flying effects in 1984′s Supergirl movie were superior to the Superman movies.

Despite them wowing audiences, and making a whole generation believe that a man could fly, Jeannot Szwarc wasn’t happy with the flying effects done on the first two Superman movies. Szwarc, who directed Helen Slater’s Supergirl, recalled in a 1999 interview with Scott Michael Bosco: “They were very much in love with this guy who had worked on Superman, but I felt that what we wanted to do, the image quality was not sharp enough. It looked too fuzzy. The whole system relied on being able to use zooms and I don’t like zooms. I wanted to achieve a more graceful flying style.”

Szwarc instigated a re-engineering how the effect worked, and, after a lot of experimenting, was able to devise a new system of screen trickery to make his Girl of Steel swoop majestically over the Midvale landscape. The end result was so impressive, it even drew plaudits from Superman director Richard Donner according to Szwarc: “I know that when Sidney Furie was going to do Superman IV: The Quest For Peace he called Dick Donner for advice, who told him to talk to me because he thought the flying in Supergirl was unbelievable.“

28. She inspired the writing of the Wizard of Oz.

In a magical tale published in Adventure Comics #394 (June 1970), at a time that marks the borderlands between the Silver and Bronze Ages, Kara and Streaky are whisked by a tornado into a strange land. There they meet three other stranded characters: a robot, a cowardly monster, and a creature without any memory. To get home the five must journey into the Emerald Pyramid to find the Mysterious Motr of Doom. In the pyramid they encounter a human who was transported into this strange dimension from 1898′s Chicago. It is only after the adventure is over, and everyone is returned to their rightful time and place, that Kara reflects that the human she saved was likely L. Frank Baum, the author who would go on to write the Wizard of Oz books.

29. Her creation was inspired more by Fawcett Comics‘ Mary Marvel than Superman.

DC and Fawcett had famously engaged in a long and bitter legal battle during most of the 1940s over the character Captain Marvel (no, not Carol Danvers -- the character today known as Shazam!) At one point the lawsuit even threatened to see DC Comics stripped of its Superman copyright thanks to a legal slip-up by the syndicate handling Superman’s newspaper strips. By 1959 DC had come out on top and Fawcett had ceased to publish the so-called Big Red Cheese and all his spin-offs, including the character Mary Marvel, Captain Marvel’s superheroine sister.

But DC couldn’t help but note how popular the Marvel Family had been with both girls as well as boys -- at its height outselling even Superman. So, while looking for ways to revive flagging superhero sales, DC took a leaf out of Fawcett’s book by introducing their own version of Mary Marvel. They even assigned the former Fawcett Comics writer who had created Mary Marvel, Otto Binder, to work on her. The result was, of course, Supergirl !

30. She was actually created by Mort Weisinger.

The names most closely associated with the creation of Supergirl are, as every fan knows, writer Otto Binder and artist Al Plastino -- but are these two DC contributors the true originators of the Girl of Steel..? Interviewed in fanzine Comic Crusader #15 (1974), Otto Binder gave Martin Greim a glimpse into the true origin of the Maid of Might. “Mort [Weisinger] kept pooh-poohing Captain Marvel, saying it was a bunch of junk. Mary Marvel was a crazy idea! So, a couple of years went by and one day Mort said to me, ‘I’ve got a great idea! … Supergirl!’ Of course, I didn’t say, ‘You don’t mean Mary Marvel, do you Mort?’ To me, it was like reliving the past.”

So it seems it was Superman editor Mort Weisinger who invented the Girl of Steel -- Binder and Plastino deserve all the plaudits, of course, for turning Mort’s idea into a reality.

We’re half way through the sixty now. Remember to check out part three when it’s published for even more cool Kara content.

#supergirl #superhero #superman #comics #superheroines #dc #dccomics #karazorel #kara zor-el #silver age #bronze age

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socialjusticeartshare · 4 years

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U.S. Border Agents Apprehend 1,000 Migrant Children In 5 Days

U.S. authorities along the border with Mexico apprehended nearly 1,000 unaccompanied migrant children in the span of six days last week, as unauthorized crossings by minors continue to rise, according to government statistics provided to a federal court.

From November 18 to November 23, Customs and Border Protection (CBP) processed 997 migrant minors who traveled without parents or legal guardians, the agency’s top official, Mark Morgan, said in a court declaration Wednesday. More than 9,900 unaccompanied children have been taken into custody since September 8, Morgan added.

Within the next 120 days, CBP projects border crossings by unaccompanied minors to increase by 50%, according to the court declaration.

Morgan disclosed the figures as part of a Trump administration request for the D.C. Circuit Court to suspend a lower court order that currently prohibits border officials from expelling unaccompanied migrant children without a court hearing or an asylum screening. The outgoing Trump administration has argued that the policy, which it dubbed the “Title 42” process, is needed to prevent potentially infected migrants from spreading the coronavirus inside holding facilities and elsewhere in the U.S.

Last Wednesday, Judge Emmet Sullivan of the U.S. District Court in Washington, D.C. ruled that the public health law being cited by the Trump administration to expel border-crossers does not authorize expulsions or supersede legal safeguards for migrant minors — even during a pandemic. Sullivan ordered officials to stop expelling unaccompanied minors, but did not do the same for families with children or single adults, who continue to be expelled to Mexico or their home countries.

U.S. Border Patrol agents detain a 16-year-old undocumented immigrant minor from Mexico on September 10, 2019 in Mission, Texas.

/ Getty Images

In his declaration, Morgan said the uptick in apprehensions of unaccompanied minors is linked to last week’s court ruling, which he argued will “serve as a pull factor.”

Lee Gelernt, an American Civil Liberties Union attorney who has been challenging the border expulsions, pushed back on Morgan’s statements and predictions.

“The assertion that there will be a sharp increase in border crossings by children this winter is speculative at best, and in any event children can be safely tested and quarantined as needed,” Gelernt told CBS News. “There is simply no basis for the Trump administration’s claim that the cruel and patently unlawful Title 42 policy is necessary to protect public health.”

Apprehensions of unaccompanied migrant children along the U.S.-Mexico border, which plummeted to 741 in April, had been increasing steadily before Sullivan issued his order. In September and October, CBP agents apprehended 3,883 and 4,764 unaccompanied minors, respectively.

The U.S. Office of Refugee Resettlement, where most unaccompanied migrant children were sent before the pandemic, is now housing more than 2,300 minors in its network of shelters, an increase from a decade-low early in the summer, when the in-custody population dropped below 800.

Migrant minors transferred to the refugee agency stay in shelters or other housing facilities until they are placed with a sponsor, who is typically a family member residing in the country. U.S. law allows them to request asylum or other forms of humanitarian refuge to stop their deportation proceedings.

After receiving 162 children between April and June, the Office of Refugee Resettlement received 1,218 and 1,530 migrant minors from border officials in September and October, respectively.

While the refugee office has space to house approximately 13,000 minors, less than 8,000 beds are available because of Covid-19 mitigation policies, Nicole Cubbage, the agency’s acting director, said in a declaration accompanying the Trump administration’s appeal of Sullivan’s ruling. Cubbage said her office expects shelters along the southern border to reach maximum capacity on December 12, and the entire nationwide bed space for migrant children to be depleted by early January.

If the trend holds, Cubbage said the refugee agency would need to reopen “influx facilities” in Homestead, Florida and Carrizo Springs, Texas, to house hundreds of migrant youth. Cubbage said her office could start receiving between 300 and 400 children daily in “the near future,” a prediction she attributed to Sullivan’s order, “deteriorating economic and political conditions” in Central America, the impact of recent hurricanes, seasonal patterns and even President Trump’s electoral defeat.

“I am concerned that the recent upward trend in referrals noted above could represent the cusp of a major influx of UAC,” Cubbage wrote, using an abbreviation for the government term, “unaccompanied alien children.”

Detention periods for migrant children are also increasing. In September and October, 71 minors spent more than three days in Border Patrol custody, according to government statistics provided to lawyers representing detained migrant children.

According to the data, a three-month-old apprehended with at least one parent was held by CBP for two weeks. In October, a 17-year-old unaccompanied teen was in CBP custody for 18 days. In court declarations filed earlier this week, several children interviewed by a lawyer alleged having limited access to soap and face masks, and denounced lax social distancing measures and crowded conditions in CBP facilities.

“My mask is dirty on the inside. Here, people do not practice social distancing,” an eight-year-old child said, according to one of the declarations.

Another minor, a 15-year-old from El Salvador, said: “I was detained in a room with thirty other minors and we were cramped. I felt uncomfortable because there were so many people in the room. I had to sleep in a sitting position because there were so many people in the room.”

CBP did not address these allegations, citing pending litigation.

A 2008 anti-trafficking law requires CBP and other agencies to transfer unaccompanied minors to the refugee office within 72 hours of apprehending them, absent extraordinary circumstances. “Failing to lawfully transfer these children in time is simply negligent,” Democratic lawmakers led by Hispanic Caucus chairman Joaquin Castro wrote in a letter this week to acting Department of Homeland Security secretary Chad Wolf.

Neha Desai, one of the lawyers representing migrant youth in the court case over the Flores Settlement Agreement, which governs the care of minors in U.S. immigration custody, said the government needs to take more steps to quickly transfer children out of CBP custody. “Having children detained in CBP custody for any amount of time exposes them to a dangerous and traumatic environment,” Desai told CBS News. “This was true well before the pandemic and is even more so the case now.”

On Wednesday, CBP announced it would be closing its largest temporary detention facility for migrant families and children until renovations are completed in early 2022. The Central Processing Center in south Texas, opened during the Obama presidency, became notorious for its chain-link sections, which were denounced by advocates as “cages” when the Trump administration systematically separated thousands of migrant families in 2018. The announcement was first reported by The Washington Post.

The increase of border crossings by children, and of overall apprehensions, could prove to be an early and thorny immigration policy test for the incoming Biden administration. President-elect Joe Biden has vowed to discontinue many of Mr. Trump’s border programs, including a policy that has required tens of thousands of asylum-seekers from Central America, Cuba and other Latin American countries to wait in Mexico for their U.S. court hearings.

Mr. Biden’s team has also pledged to review the expulsions policy to ensure border-crossers “have the ability to submit their asylum claims.”

Andrew Selee, president of the non-partisan Migration Policy Institute, said ending the “Remain in Mexico” program and the expulsions too quickly could lead to a surge in border crossings. He suggested the incoming Biden administration could end Remain-in-Mexico but temporarily retain the expulsion policy, a scenario that could be complicated by legal challenges and reportingthat shows public health officials were pressured by the White House to authorize the expulsions.

Selee said an influx in border arrests could hurt chances of a divided Congress passing immigration legislation, including one that provides a pathway to U.S. citizenship for Deferred Action for Childhood Arrivals (DACA) beneficiaries. Republicans lawmakers blamed the DACA program for a surge in border apprehensions of Central American children in 2014, even though the policy, established in 2012, did not benefit new arrivals.

Before completely ending Mr. Trump’s policies, Selee said the incoming Biden administration should deploy more asylum officers, surge resources to the border and expand case management programs that allow migrants to complete their U.S. immigration proceedings outside of detention centers. Otherwise, he added, a sharp increase in unauthorized migration could leave the U.S. government unprepared, worsen conditions in temporary migrant holding facilities and lead to more draconian enforcement policies.

“You’re stuck between a rock and a hard place: Either you start releasing people in the general population or you hold them in the middle of a pandemic,” Selee said.

“If you try to be the anti-Trump on day one, you will end up acting like Trump in the end,” he added. “If you try and throw out everything Trump has done on day one, without having an alternative in place, you’ll end up doing the same things Trump did.”

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#migrant children #1000 #U.S. Border Agents Apprehended

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alloutbailbondsfl · 4 years

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Basic Bail-Related Terms You Should Know in Lee County, FL

A bail bond is a contract between the defendant and the bail bond company with the stipulation to help defendant provisional liberty for the payment of a bond as a guarantee but at the same time ensure appearance during the course of the court trial.

The bail bond company has now the responsibility and accountability to monitor the defendant to make sure that the latter will not evade trial and services, this is part and parcel of the condition to post as a bail bondsman.

In the State of Florida, the bail bondsman guarantees the release of the arrested person by paying a specified amount to the court ensuring the same that the defendant will make his appearance during the trial. Such amount is set by the Judge with the jurisdiction upon the person of the defendant and the case at bar. The condition of the bail bond is to ensure that the defendants will appear for pretrial and trial hearings.

As a rule, the bail bondsman can enter the property of the defendant without committing an unlawful entry. Part of the bail bond agreement is the authority extended to the bounty hunter to enter the real property of the defendant to hinder the latter’s escape. However, the bail bondsman or the bail recovery agent(bounty hunter) is prohibited to enter another’s residential home without a search warrant even if the defendant is inside the house.

On the other hand, bail is returned to the defendant when their trial is completed.

The Department of Financial Services has been lodged with the authority to regulate the licenses of the bail bond agents. Complaints against the said agents may be filed before this afore-cited Department.

However, the motion for a bail bond is not always approved by the court especially if the judge has reason to believe that the accused has a high flight risk. But if the defendant is allowed to post bail, he may be allowed to return to his regular work and home.

The bail bond fee is always referenced to the schedule of fees, which is drawn from the 10% of the bail bond set by the Judge. If the defendant opts to evade appearance to trial, the insurance company that ensures such a bail bond will pay for the full amount of the bond being posted.

A bail bond company exclusively utilizes a cash-only basis. Meaning they do not perform their respective business using credit cards, also allowed are checks or debit cards.

The process of bail bond posting has been carefully undertaken and the dependant’s provisional release can take 4-8 hours, that is, if the process has been smoothly facilitated, otherwise, it can take up to 12 hours.

Under chapter 648.442 of 2019 Florida Statues with the title Collateral Security, the bail bond agent may accept collateral except for promissory notes especially if the bond exceeds $50,000 cash per bond. Other acceptable forms of security may consist of the following:

A promissory note;

An indemnity agreement;

A real property mortgage in the name of the insurer;

Any Uniform Commercial Code filing; or

Any other type of security approved by the department.

Of course, the defendant may post his bail bond but if you need to speed the process of bailing out, you got to hire a bail bond company to make sure that all documentation is carefully attended.

If you need the services of a bail bond company, it is highly recommended to contact All Out Bail Bonds. We will guide you through every step of getting released on bail. We are experts, we can provide fast, discreet, and professional attention to your situation. For a stress-free engagement, please call us now at Fort Myers: 239-599-5088, Punta Gorda: 941-584-4492 and we will lay down our action plan to help you feel relieved.

At All Out Bail Bonds, we comprehend the difficulties and challenges relating to your situation and we can provide you with posting bail quickly.

We can offer the solutions that you may need in order for you, your friend or loved one to feel at ease. Leave the situation to us and we will immediately respond to your needs 24/7.

Visit our official website to learn more details at https://www.alloutbailbonds.info/ or you may visit our service areas at Fort Myers, Punta Gorda, Port Charlotte, Florida for a personal consultation.

Summary

We know you have a stressful situation and everything can get confusing. Leave it to us, and our professional bail bondsman will complete the bail bond posting the soonest possible and carry out your release order. All Out Bail Bonds will always be at your service and ensure your utmost satisfaction.

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Posting a bail bond should not add more stress, leave this to professionals like us to ensure your prompt release.

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Though a number of the defendants have the financial capability to post their respective bail bonds, it would still take a longer time to process your release from detainment due to lack of knowledge as to how the system works. This is the job of All Out Bail Bond and this is part of our regular work. We facilitate the bail bond posting best, as we put our hearts and minds to warrant our clients’ speedy release. Let us help you ensure the fast processing of your release, so you can get back to life!

#Fort Myers Bail Bonds #Punta Gorda Bail Bond #Port Charlotte Bail Bond

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jenniferbrunner · 5 years

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Justice is Not a Game

“Justice is not a game. It is an important and dead serious cornerstone of the American way of life. Law is a calling, a profession, not a job. Our work is about justice, about truth.”

I particularly like this quote from eDiscovery attorney Ralph C. Losey in Florida. He stresses the quality of the search for discoverable information to get to the truth of a matter in litigation. In making his case for using technology to overcome the problems of technology, he stresses the core role of lawyers and judges in helping society to find and learn the truth.

I would extend this truth finding function to fellow citizens who perform their patriotic duty to serve as jurors in judgment of their fellow citizens. Whether it be a civil case or criminal case, I have never known jurors to see their calling as anything but a solemn duty to their fellow citizens, their community and to the litigants.

Because of this, a judge when conducting a jury trial becomes a partner with the jury while at the same time becoming a facilitator in helping to determine the truth--what are the facts, what are the rules for determining them, what can be considered in determining the facts and how will the law apply to those facts? I have seen numerous jurors in tears at the end of an emotionally wrenching or even horrifying trial. They took their charge with the utmost seriousness and drove the meaning of the word “conscientious” to heights nearly unimaginable.

As a judge I’ve had to provide comforting words to a jury after a trial. Jurors often need affirming words for the role they have just played in supporting our community and in doing so, demonstrating respect for the rule of law. I have never seen a juror treat his or her pivotal democratic role as a game, nor would I label the process a game.

Justice is serious and it revolves around truth. Whether the truth concerns the taking of a life, self-defense, the lawful or unlawful detainment of another by arrest or incarceration, or damage or pain or loss of life, limb, money, property or even companionship, the truth is deadly serious. And to those charged with guiding the justice system to find that truth, justice must never be a game.

#justice #truth #game #jury #role of judge

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hl-herewegoagain · 5 years

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A court-appointed interpreter’s account of the May 12, 2008 Immigration and Customs Enforcement raid on Agriprocessors, Inc., the largest kosher slaughterhouse in the United States. 900 agents were involved in the raid. He says, “nothing could have prepared me for the prospect of helping our government put hundreds of innocent people in jail.”

Then began the saddest procession I have ever witnessed, which the public would never see, because cameras were not allowed past the perimeter of the compound (only a few journalists came to court the following days, notepad in hand). Driven single-file in groups of 10, shackled at the wrists, waist and ankles, chains dragging as they shuffled through, the slaughterhouse workers were brought in for arraignment, sat and listened through headsets to the interpreted initial appearance, before marching out again to be bused to different county jails, only to make room for the next row of 10. They appeared to be uniformly no more than 5 ft. tall, mostly illiterate Guatemalan peasants with Mayan last names, some being relatives (various Tajtaj, Xicay, Sajché, Sologüí...), some in tears; others with faces of worry, fear, and embarrassment. They all spoke Spanish, a few rather laboriously. It dawned on me that, aside from their Guatemalan or Mexican nationality, which was imposed on their people after Independence, they too were Native Americans, in shackles. They stood out in stark racial contrast with the rest of us as they started their slow penguin march across the makeshift court. “Sad spectacle” I heard a colleague say, reading my mind. They had all waived their right to be indicted by a grand jury and accepted instead an information or simple charging document by the U.S. Attorney, hoping to be quickly deported since they had families to support back home. But it was not to be. They were criminally charged with “aggravated identity theft” and “Social Security fraud”—charges they did not understand... and, frankly, neither could I.

The offense clearly refers to harmful, felonious acts, such as obtaining credit under another person’s identity. Obtaining work, however, is not an “unlawful activity.” No way would a grand jury find probable cause of identity theft here. But with the promise of faster deportation, their ignorance of the legal system, and the limited opportunity to consult with counsel before arraignment, all the workers, without exception, were led to waive their 5th Amendment right to grand jury indictment on felony charges. Waiting for a grand jury meant months in jail on an immigration detainer, without the possibility of bail. So the attorneys could not recommend it as a defense strategy. Similarly, defendants have the right to a status hearing before a judge, to determine probable cause, within ten days of arraignment, but their Plea Agreement offer from the government was only good for... seven days. Passing it up, meant risking 2 years in jail. As a result, the frivolous charge of identity theft was assured never to undergo the judicial test of probable cause. Not only were defendants and judges bound to accept the Plea Agreement, there was also absolutely no defense strategy available to counsel. Once the inflated charge was handed down, all the pieces fell into place like a row of dominoes. Even the court was banking on it when it agreed to participate, because if a good number of defendants asked for a grand jury or trial, the system would be overwhelmed. In short,“fast-tracking”had worked like a dream.

Of Agriprocessors’ 968 current employees, about 75% were illegal immigrants. There were 697 arrest warrants, but late-shift workers had not arrived, so “only” 390 were arrested: 314 men and 76 women; 290 Guatemalans, 93 Mexicans, four Ukrainians, and three Israelis who were not seen in court. Some were released on humanitarian grounds: 56 mostly mothers with unattended children, a few with medical reasons, and 12 juveniles were temporarily released with ankle monitors or directly turned over for deportation. In all, 306 were held for prosecution. Only five of the 390 originally arrested had any kind of prior criminal record. There remained 307 outstanding warrants.

This was the immediate collateral damage. Postville, Iowa (pop. 2,273), where nearly half the people worked at Agriprocessors, had lost 1/3 of its population by Tuesday morning. Businesses were empty, amid looming concerns that if the plant closed it would become a ghost town.

Some American parents complained that their children were traumatized by the sudden disappearance of so many of their school friends. The principal reported the same reaction in the classrooms, saying that for the children it was as if ten of their classmates had suddenly died. Counselors were brought in. American children were having nightmares that their parents too were being taken away. The superintendant said the school district’s future was unclear: “This literally blew our town away.” In some cases both parents were picked up and small children were left behind for up to 72 hours. Typically, the mother would be released “on humanitarian grounds” with an ankle GPS monitor, pending prosecution and deportation, while the husband took first turn in serving his prison sentence. Meanwhile the mother would have no income and could not work to provide for her children. Some of the children were born in the U.S. and are American citizens. Sometimes one parent was a deportable alien while the other was not. “Hundreds of families were torn apart by this raid,” said a Catholic nun. “The humanitarian impact of this raid is obvious to anyone in Postville. The economic impact will soon be evident.”

His case and that of a million others could simply be solved by a temporary work permit as part of our much overdue immigration reform. “The Good Lord knows I was just working and not doing anyone any harm.” This man, like many others, was in fact not guilty. “Knowingly” and “intent” are necessary elements of the charges, but most of the clients we interviewed did not even know what a Social Security number was or what purpose it served. This worker simply had the papers filled out for him at the plant, since he could not read or write Spanish, let alone English. But the lawyer still had to advise him that pleading guilty was in his best interest. … To him we were part of the system keeping him from being deported back to his country, where his children, wife, mother, and sister depended on him. He was their sole support and did not know how they were going to make it with him in jail for 5 months. … Before he signed with a scribble, he said: “God knows you are just doing your job to support your families, and that job is to keep me from supporting mine.” There was my conflict of interest, well put by a weeping, illiterate man.

We will never know how many of the 290 Guatemalans had legitimate asylum claims for fear of persecution, back in a country stigmatized by the worst human rights situation in the hemisphere, a by-product of the US-backed Contra wars in Central America under the old domino theory of the 1980s. For three decades, anti-insurgent government death squads have ravaged the countryside, killing tens of thousands and displacing almost two million peasants. Even as we proceeded with the hearings during those two weeks in May, news coming out of Guatemala reported farm workers being assassinated for complaining publicly about their working conditions. Not only have we ignored the many root causes of illegal immigration, we also will never know which of these deportations will turn out to be a death sentence, or how many of these displaced workers are last survivors with no family or village to return to.

I remember reading that immigration lawyers were alarmed that the detainees were being rushed into a plea without adequate consultation on the immigration consequences. Even the criminal defense attorneys had limited opportunity to meet with clients: in jail there were limited visiting hours and days; at the compound there was little time before and after hearings, and little privacy due to the constant presence of agents.There were 17 cases for each attorney, and the Plea offer was only good for 7 days. In addition, criminal attorneys are not familiar with immigration work and vice versa, but had to make do since immigration lawyers were denied access to these “criminal” proceedings.

One of my colleagues began the day by saying “I feel a tremendous solidarity with these people.” Had we lost our impartiality? Not at all: that was our impartial and probably unanimous judgment. We had seen attorneys hold back tears and weep alongside their clients. We would see judges, prosecutors, clerks, and marshals do their duty, sometimes with a heavy heart, sometimes at least with mixed feelings, but always with a particular solemnity not accorded to the common criminals we all are used to encountering in the judicial system.

The interpreter is the only one who gets to see both sides of the coin up close, precisely because he is the only participant who is not a decision maker, and is even precluded, by his oath of impartiality and neutrality, from ever influencing the decisions of others. That is why judges in particular appreciate the interpreter’s perspective as an impartial and informed layperson, for it provides a rare glimpse at how the innards of the legal system look from the outside. I was no longer sorry to have participated in my capacity as an interpreter. I realized that I had been privileged to bear witness to historic events from such a unique vantage point and that because of its uniqueness I now had a civic duty to make it known. Such is the spirit that inspired this essay.

The essay points out that the criminalization of “illegal immigration” arose with the creation of ICE as a part of the Office of Homeland Security. ICE was created “as a law enforcement agency for the post-9/11 era, to integrate enforcement authorities against criminal and terrorist activities, including the fights against human trafficking and smuggling, violent transnational gangs and sexual predators who prey on children.” This charge does not provide enough work for an agency that employed 16,500 in 2007 or justify its $5 billion 2007 budget.

The real numbers are in immigration: “In FY07, ICE removed 276,912 illegal aliens.” ICE is under enormous pressure to turn out statistical figures that might justify a fair utilization of its capabilities, resources, and ballooning budget.

#Immigration and Customs Enforcement (ICE)#immigrants #immigration #race #racism #detention #asylum #Guatemala #inadequate legal representation #solidarity #court interpreters #bearing witness #undocumented immigrants

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rolandfontana · 5 years

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Immigrants Sue After Marriage Interview Deportations

Alyse and Elmer Sanchez seemed to survive their “green card” interview, a crucial step in obtaining lawful status in the U.S., the Associated Press reports. She texted her family from the immigration office as relief washed over her: The officer had agreed that their marriage is legitimate. Moments later, Elmer was in shackles, detained pending deportation to his native Honduras, leaving her alone with their two little boys. “We feel it was a trap, a trick, to get us there,” Alyse said. The Sanchezes have joined five other couples in a class action accusing federal agents of luring families to marriage interviews in Baltimore, only to detain the immigrant spouse for deportation. Federal regulations allow U.S. citizens like Alyse to try to legalize the status of spouses like Elmer, who has been living in the country illegally. Records show the U.S. Citizenship and Immigration Services approved 23,253 provisional unlawful presence waivers, the final documents spouses, children or parents of citizens need before leaving the U.S. and applying to rejoin their families legally.

The American Civil Liberties Union says a growing number of officers have “cruelly twisted” the rules by detaining immigrant spouses following marriage interviews. The ACLU is pursuing a similar complaint in Massachusetts and says dozens of detentions also have happened at field offices in New York, Virginia, Florida, Illinois and California. The Maryland case is assigned to U.S. District Judge George Hazel, who already reversed the deportation of a Chinese man detained after a successful marriage interview in Baltimore. Ruling before Wanrong Lin landed in Shanghai last November, Hazel said the government can’t use the process “as a honeypot to trap undocumented immigrants who seek to take advantage of its protections.”

Immigrants Sue After Marriage Interview Deportations syndicated from https://immigrationattorneyto.wordpress.com/

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kacydeneen · 5 years

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Asylum Seeker, a 'Victim of Torture,' Facing Deportation

When José Antonio Hernández Viera was awakened early Friday morning, he and his belongings were stuffed into a vehicle and driven away from Pine Prairie ICE Processing Center. The 40-year-old Cuban asylum seeker had hoped to leave immigrant detention in Louisiana. But not like this.

He texted photos to his wife Angela Mairielys Lazo Torres from the car, with chains visible in the frame. “I’m desperate — ready to scream — not only because of what could happen to him but also because he can’t fly,” she texted NBC.

Only a week before, Dr. Allen Keller, an associate professor of medicine at the New York University School of Medicine and co-founder of the Bellevue/NYU Program for Survivors of Torture, had evaluated Hernández Viera in Louisiana. After more than 12 hours of evaluations over the phone and in-person, he had declared, under penalty of perjury, that deporting the asylum seeker to Cuba “poses an imminent threat to his life.”

“Standards of humanity, common decency and medical necessity warrant that Mr. Hernandez Viera should immediately be released from immigration detention and allowed to rejoin his family,” Dr. Keller wrote.

At the time of evaluation, Hernández Viera was unable to walk without a walker. He was barely a week out of hip replacement surgery, after which he said he experienced inadequate medical treatment back at Pine Prairie — including being left overnight in a wheelchair and trying not to eat because he was afraid no one would help him use the toilet.

Dr. Keller wrote it was “crucial” for Hernández Viera to be released from detention. Instead, he was loaded into a vehicle and driven to Houston, where he is awaiting deportation.

U.S. Immigration and Customs Enforcement has previously said he is unlawfully present and "received all appropriate legal process" before being ordered removed.

“I don’t have any idea what’s going to happen or what we will be able to do to reunite as a family again,” Lazo Torres texted Monday night.

Hernández Viera, his wife and their 3-year-old daughter fled Cuba after alleged persecution because of his political opinions. He was reportedly detained multiple times and beaten once in front of his family; Dr. Keller believes he was “a victim of torture.”

Lazo Torres and her two daughters, including the 3-year-old, came to the U.S. before Hernández Viera and were released from detention. They’re now living in Florida and Lazo Torres is on the road to becoming a legal permanent resident.

Meanwhile, despite having no criminal convictions, establishing a credible fear of persecution in his home country, and having a sponsor in the United States, Hernández Viera was held in Department of Homeland Security custody for more than a year as he pursued his case. A judge with a recent 83.8% asylum denial rate found that he had not met the burden of proof to be granted asylum, and months later his appeal was denied.

“I was dumbfounded reviewing his case and talking to him about what happened to him that he lost his asylum claim,” Dr. Keller said.

The Southern Poverty Law Center — which took on his parole request last year to try to get him out of detention while he awaited his immigration hearing — has exhausted every possible legal option to stop his deportation, according to Laura Rivera, an SPLC attorney. They worked with a volunteer attorney to request a stay of his removal, which was denied. They rallied to file a habeas petition — originally intended for a Louisiana district court — in Texas, claiming his detention was unlawful because of lacking medical care.

“Despite all that, ICE is still planning to put him on a plane tomorrow when he can’t even walk on his own,” Rivera said.

On Monday, a judge in the Southern District of Texas ordered ICE to provide Hernández Viera with 30 days worth of medication, a wheelchair and a walker, Rivera said. But the judge did not order his release.

Now, as Hernández Viera stares down removal as soon as Tuesday, his wife says she doesn’t know what will happen to him — but she knows he won’t be treated well.

“He’s a traitor to them,” she said of the Cuban government.

“What am I going to say to my 3-year-old baby?” Lazo Torres added. “How am I going to explain that I don’t know when we’ll be with her daddy again?”

Hernández Viera’s last opportunity to remain in the U.S. hinges on congressional intervention, according to Rivera. For months, Lazo Torres has appealed to Sen. Marco Rubio, a Cuban American from Florida whose own relatives were admitted into the U.S. as refugees. When asked what Rubio has done to help her, Lazo Torres replied “absolutely nothing.”

“Our office is aware of the situation and we have had numerous communications with Mrs. Lazo Torres, including as recently as last week,” said a spokesperson for Sen. Rubio.

Since Hernández Viera was removed from Pine Prairie on Friday, advocates have reached out to other members of Congress from around the country to plead for intervention. A few senators' offices are inquiring into the matter, Rivera said, but she has not heard of any positive developments.

Photo Credit: Courtesy of the SPLC Asylum Seeker, a 'Victim of Torture,' Facing Deportation published first on Miami News

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lawofficeofryansshipp · 5 months

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bharatiyamedia-blog · 5 years

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Pakistan fails to meet 25 of 27 motion factors prescribed by FATF to curb terror funding; downgrading by IMF, World Financial institution could proceed

http://tinyurl.com/yxdhu4mj New Delhi: Pakistan has failed to finish 25 of the 27 motion factors given by the worldwide terror financing watchdog FATF to examine funding to terrorist teams equivalent to LeT and JeM and frontal teams like Jamat-ud-Dawah and Falah-e-Insaniat Basis. With this, multilateral lenders just like the IMF, the World Financial institution and the EU could proceed downgrading Pakistan, making its monetary scenario extra precarious. Representational picture. AFP The Paris-headquartered Monetary Motion Process Drive has requested Pakistan to elucidate whether or not it has launched any investigation into the USD seven million allotted to keep up colleges, madrasas, clinics and ambulances initially operated by terror teams like Lashkar-e-Taiba, Jaish-e-Mohammad, and LeT fronts Jamat-ud-Dawah and Falah-e-Insaniat Basis. JuD and FIF are based by terror mastermind Hafiz Saeed. LeT is liable for various terrorist strikes in India, together with the 2008 Mumbai assaults and the hijacking of an Indian Airways plane to Afghanistan in 1999. Most not too long ago, it attacked a CRPF bus in Pulwama in February this yr, killing 40 troopers. Pakistan is in serious trouble on the FATF assembly starting Sunday in Florida within the US, individuals conscious of the event stated. “It has been unable to finish 25 of its 27 motion factors. It has one final probability, until its 15-month deadline ends in October 2019, when the FATF Plenary might be held,” one among them added. In June 2018, Pakistan was positioned within the ‘Grey’ listing and given a 27-point motion plan by FATF. This plan was reviewed on the final plenary in October 2018 and for the second time in February this yr, when the nation was once more put into the ‘Grey’ listing after India submitted new details about Pakistan-based terrorist teams. The FATF persevering with Pakistan within the ‘Grey’ listing means its downgrading by IMF, World Financial institution, ADB, EU and in addition a discount in danger ranking by Moody’s, S&P and Fitch. This can add to the monetary issues of Pakistan, which is looking for assist from all doable worldwide avenues. In a bid to bluff the monetary watchdog, Pakistani authorities have proven arrests of LeT, JeM, JuD and FiF cadres. However all have been apprehended below its Upkeep of Public Order Act and never below the Anti-Terrorism Act, 1997. Underneath the MPO Act, authorities can’t maintain a detainee past 60 days. Pakistan has detained JeM founder Masood Azhar and LeT founder Hafiz Saeed largely below the legal guidelines that present for detention for apprehension of breach of peace; they’ve by no means been prosecuted below anti-terror legal guidelines. The FATF implements UN designations, which don’t warrant arrest. They ask just for freeze of funds, denial of entry to weapons and journey embargo. The monetary watchdog additionally desires nations to impose penalties which can be proportionate and dissuasive. The MPO Act isn’t seen as satisfying both of the 2 situations. Subsequently, none of those arrests will fulfill the FATF or the UN Designations Committee. Pakistan has additionally seized a number of hundred properties of LeT, JuD, FiF and JeM, together with colleges and madrasas. Nonetheless, these properties at the moment are being run by its provincial governments.The Punjab provincial authorities has allotted USD 2 million (Pakistani Rs 30 crore or Indian Rs 14 crore) every year for his or her repairs. Equally, different provinces have allotted USD 5 million. The annual expense allotted by Pakistan totals USD 7 million (Pakistani Rs 105 or Indian Rs 49 crore). The FATF has now requested Pakistan to elucidate whether or not there are any terror-funding investigations to unearth the sources and entities that funded these organisations with USD 7 million every year for the previous a number of years. The FATF at the moment has 35 members and two regional organisations — European Fee and Gulf Cooperation Council. Within the final assembly of the FATF in Paris, the FATF stated Pakistan ought to proceed to work on implementing its motion plan to handle its strategic deficiencies, together with by adequately demonstrating its correct understanding of the fear financing dangers posed by the terrorist teams and conducting supervision on a risk-sensitive foundation, demonstrating that remedial actions and sanctions are utilized in instances of Anti-Cash Laundering and Combating Financing of Terrorism violations and that these actions impact AML/CFT compliance by monetary establishments. Pakistan, it stated, ought to exhibit that competent authorities are cooperating and taking motion to establish and take enforcement motion towards unlawful cash or worth switch providers, demonstrating that authorities are figuring out money couriers and implementing controls on illicit motion of foreign money and understanding the chance of money couriers getting used for terror financing (TF), bettering inter-agency coordination together with between provincial and federal authorities on combating TF dangers apart from others. Your information to the most recent cricket World Cup tales, evaluation, experiences, opinions, dwell updates and scores on https://www.firstpost.com/firstcricket/series/icc-cricket-world-cup-2019.html. Comply with us on Twitter and Instagram or like our Facebook web page for updates all through the continuing occasion in England and Wales. !function(f,b,e,v,n,t,s) {if(f.fbq)return;n=f.fbq=function() {n.callMethod? n.callMethod.apply(n,arguments):n.queue.push(arguments)} ; if(!f._fbq)f._fbq=n;n.push=n;n.loaded=!0;n.version='2.0'; n.queue=[];t=b.createElement(e);t.async=!0; t.src=v;s=b.getElementsByTagName(e)[0]; s.parentNode.insertBefore(t,s)}(window,document,'script', 'https://connect.facebook.net/en_US/fbevents.js'); fbq('init', '259288058299626'); fbq('track', 'PageView'); (function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0]; if (d.getElementById(id)) return; js = d.createElement(s); js.id = id; js.src = "http://connect.facebook.net/en_GB/all.js#xfbml=1&version=v2.9&appId=1117108234997285"; fjs.parentNode.insertBefore(js, fjs); }(document, 'script', 'facebook-jssdk')); window.fbAsyncInit = function () { FB.init({appId: '1117108234997285', version: 2.4, xfbml: true}); // *** here is my code *** if (typeof facebookInit == 'function') { facebookInit(); } }; (function () { var e = document.createElement('script'); e.src = document.location.protocol + '//connect.facebook.net/en_US/all.js'; e.async = true; document.getElementById('fb-root').appendChild(e); }()); function facebookInit() { console.log('Found FB: Loading comments.'); FB.XFBML.parse(); } Source link

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lodelss · 5 years

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ICE’s ‘Bait and Switch’ Policies Tear Apart Families for Following the Rules Wanrong Lin went to his green card marriage interview and proved he was married to a U.S. citizen. ICE deported him anyway.

On Nov. 20, 2018, Wanrong Lin was stranded at an airport in Shanghai, China, almost 7,000 miles away from his wife, kids, and home in St. Mary’s County, Maryland. He found himself wandering China — with no money, no cell phone, and no goodbyes exchanged — after Immigration and Customs Enforcement illegally arrested and deported him when he and his wife showed up for his “marriage interview.” Alone back at home for weeks, Lin’s wife, Hui Fang Dong, tended to their three children, while running their Chinese restaurant alone.

The Lins are victims of ICE’s “bait and switch” practice, in which the agency separates immigrant couples who are applying for legal status in the U.S. based on their marriage after they show up for their required interviews with U.S. Citizenship and Immigration Services. This deportation strategy has occurred across the country with reported cases in Florida, Massachusetts, New York, and New Jersey, leaving families like Mr. Lin’s fighting to stay together in their homes for merely following government protocol.

But their separation — and this practice — is unlawful and unconstitutional, which is why the Lins are challenging it with the help of the ACLU.

On Friday, Maryland federal district judge, Judge George J. Hazel, will hear arguments seeking to prevent the government from attempting to deport Mr. Lin again during the pendency of the case. Ultimately, the ACLU is aiming to prevent Mr. Lin’s deportation while he works through the process to obtain a green card. The government is primarily arguing that federal district courts are barred from hearing Mr. Lin’s case. But that’s wrong: Any jurisdictional bar in this case would pose serious constitutional problems.

The Lins also argue that the government’s bait and switch practice is a violation of immigration rules and regulations, the Administrative Procedures Act, and the Due Process Clause of the Constitution. Injunctions have already been obtained in similar cases in New Jersey and New York stopping ICE from engaging in this unlawful and unconstitutional bait and switch practice.

Hui Fang is a naturalized U.S. citizen from China, and Wanrong is an undocumented immigrant from China who has lived peacefully in the U.S. for nearly 20 years. After an extended courtship and marriage in 2004, they had three children together and opened up a Chinese restaurant in the small Maryland town of California where they live. As an undocumented immigrant married to a U.S. citizen, Wanrong is legally allowed to apply for his green card. And in December of 2016, he chose to do just that.

Acquiring a green card begins with a petition to the USCIS and a “marriage interview,” where an immigration officer assesses whether the marriage is legitimate. When Wanrong and Hui Fang went into the Baltimore USCIS office and completed their interview, their petition was approved: Wanrong was authorized to move forward with the process.

But he never got the chance.

Shortly after the interview, Wanrong was brought into a separate room, handcuffed, and then thrown into immigration jail. He was denied the ability to say goodbye to his wife or children, who were just in the waiting room.

Wanrong was then detained for nearly three months until the ACLU of Maryland found out about his case and went to visit him. But that same night, at 1 a.m., ICE transported him from Maryland to New Jersey and put him on a plane to China. Just minutes before Wanrong was put on a plane, lawyers from the ACLU and Venable LLP learned of his imminent deportation and immediately filed a lawsuit, asking for an emergency order to prevent Wanrong from being deported.

But the plane took off anyway.

As the plane made its way toward Shanghai, Judge George Hazel of the U.S. District Court for the District of Maryland considered the arguments of ICE and the ACLU. In a dramatic ruling, shortly before the plane landed in China, Judge Hazel granted the ACLU’s motion for a temporary restraining order, ordering ICE to return Wanrong home and temporarily blocking ICE from removing him again.

“DHS and USCIS have promulgated rules for the express purpose of encouraging otherwise ‘reluctant’ undocumented spouses of U.S. citizens to seek immigrant visas,” wrote Hazel. “To allow ICE—a federal agency under the jurisdiction of DHS—to arrest and deport those who seek this legal protection would be to allow DHS to nullify its own rule without explanation.”

Although this ruling issued before the plane touched down in Shanghai, ICE agents nevertheless left Mr. Lin alone at the airport there, in a country where he had not lived for two decades. As the court pressed for answers back home, it took weeks for ICE to arrange for Wanrong’s flight back to the U.S.

Wanrong was eventually reunited with his family in Maryland for the winter holidays. But he still has to return for check-ins at the ICE office every six months. Although there’s currently a stay against his deportation, his immigration battle isn’t over yet.

Wanrong’s story epitomizes all that’s wrong and illegal with this “bait and switch” practice. It separates families without warning and leads to extreme emotional and financial hardship. As a result, this practice unconstitutionally shuts the door to families who are eligible for green cards through the process — part and parcel of the Trump administration’s cruel effort to traumatize immigrant families.

Published March 15, 2019 at 07:30PM via ACLU https://ift.tt/2CknXfy

#IFTTT #Blogger

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nancydhooper · 6 years

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ICE’s ‘Bait and Switch’ Policies Tear Apart Families for Following the Rules

Wanrong Lin went to his green card marriage interview and proved he was married to a U.S. citizen. ICE deported him anyway.

But their separation — and this practice — is unlawful and unconstitutional, which is why the Lins are challenging it with the help of the ACLU.

But he never got the chance.

But the plane took off anyway.

from RSSMix.com Mix ID 8247012 https://www.aclu.org/blog/immigrants-rights/deportation-and-due-process/ices-bait-and-switch-policies-tear-apart-families via http://www.rssmix.com/

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thoughtsoflawc · 6 years

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What is the Difference Between State & Federal Criminal Law?

Prosecution occurs at both the federal and the state levels and so a federal offense is one which is prosecuted under national criminal law rather than under state criminal law under which most of the offenses committed in the United States are prosecuted. Federal offenses normally involve national government agencies such as the United States DEA, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, and Firearms, Department of Homeland Security, the IRS, Border Patrol, Secret Service, or even possibly the USA Postal Service. There is a group of 12 circuits in the Federal court system, distributed throughout the United States. Each circuit has a headquarters along with a number of smaller district courts located around their area. U.S. Court of Appeals, District of Columbia Circuit (Washington, DC) U.S. District Court, D.C.- Washington, DC U.S. Court of Appeals, First Circuit (Boston, MA) Example: U.S. District Court, District of Maine- Portland, ME U.S. Court of Appeals, 2nd Circuit (New York, New York) Example: U.S. District Court, Northern District of New York- Syracuse, NY U.S. Court of Appeals, 3rd Circuit (Philadelphia, Pennsylvania) Example: U.S. District Court, District of the Virgin Islands- Charlotte Amalie, St. Thomas, VI U.S. Court of Appeals, Fourth Circuit (Richmond, VA) Example: U.S. District Court, Eastern District of North Carolina- Raleigh, NC U.S. Court of Appeals, Fifth Circuit (New Orleans, Louisiana) Example: U.S. District Court, Western District of Texas- San Antonio, TX U.S. Court of Appeals, 6th Circuit (Cincinnati, OH) Example: U.S. District Court, Southern District of Ohio- Columbus, OH U.S. Court of Appeals, 7th Circuit (Chicago, IL) Example: U.S. District Court, Eastern District of Wisconsin- Milwaukee, WI U.S. Court of Appeals, Eighth Circuit (St. Louis, Missouri) More Information Example: U.S. District Court, District of South Dakota- Sioux Falls, SD U.S. Court of Appeals, Ninth Circuit (San Francisco, California) Example: U.S. District Court, District of Idaho- Boise, ID U.S. Court of Appeals, Tenth Circuit (Denver, CO) Example: U.S. District Court, District of Colorado- Denver, CO U.S. Court of Appeals, 11th Circuit (Atlanta, Georgia) Example: U.S. District Court, Northern District of Florida- Tallahassee, FL Usual Federal offenses can contain: Narcotics trafficking Crimes accompanying immigration to the U.S. Crimes that incorporate weapons charges Gang crimes White-collar illegal activity Electronic crime and fraud Why Procure a Federal Criminal Defense Attorney The federal criminal justice process is not intended for people to reflect themselves. When you are detained, you want an attorney to stand up for your rights, fight back against overzealous police officers, and also obtain the best result possible. Get in touch with a criminal attorney for more information. This is one reason for an attorney. You do not wish to wander aimlessly at any stage through the legal system without a manual. Getting lost in a jumble of legislation and questionable conviction is not just frightening but can put the rest of your life in peril. The prospect of your own life shouldn't be a bargaining tool when you are facing time in court. The state court and federal court have been two completely distinct strategies -- with unique courthouses and judges. Federal judges may preside over national criminal cases, while elected state court judges preside over state criminal cases. Assistant U.S. Attorneys litigate federal scenarios, whilst state district attorneys and city attorneys insure country offenses. Criminal defense lawyers are the best investment to make regarding case investigation. Not merely do they know the ins and outs of their legal system, but they can look over your situation using fresh and unbiased eyes. They spend their lives working to shield you and your nearest and dearest from regulations that are unnecessary. It is their passion to keep others from an outcome overly harsh for the crime. A high-quality lawyer is not merely able to assist you with your case, but also uses their trained intellect to discover difficulties with the prosecution. Just because someone was detained on suspicion for a crime doesn't mean that the presumed victims are not responsible in some manner as well. Every case is different, and smaller details can function to sufficiently swerve a court ruling. No one would like to have given more of a prison punishment than they deserve. Typically, discipline is greeted with a personal sense of pity and guilt, rather than having an enthusiastic and greedy mindset. So then, the question would be why do so many people put off finding a criminal defense lawyer? With no lawyer that understands a scenario, how then can anybody keep from unnecessary fees? With a large number of people arrested yearly for an entire slew of criminal crimes, it will become simple to lump them into a single group: guilty. This isn't true a sizable amount of the moment. The media and common society like to consider from the striking, and so it will become difficult to slough off the word when in court. A defense attorney understands the problem society induces and thinks in your innocence. Folks commonly misinterpret the notion that they should employ a lawyer only after they've been arrested or charged with a violation. This, however, is totally a farce. Without an attorney present during police interrogations, then there is not any counselor there to help you from admitting to a crime you didn't commit or from saying anything which could function as a detriment for your defense. No matter what crime you've been charged with, it is crucial to procure legal representation that's experienced and knowledgeable in navigating the criminal justice system. That is of special importance if you've already been charged with a federal offense since the paragraphs for national charges are so stringent. Court Cases Litigated by a Federal Criminal Defense Law Firms might be: Battery Attempted Killing and Conspiracy to Commit Homicide Financial Fraud Bankruptcy Fraud Bribery A Conspiracy Embezzlements Blackmailing Extortionate Extensions and Collections of Credit Federal Bank Stealing Firearms Charges Use or Carrying Guns Relation to a Crime of Violence or Drug Dealing Crime Confiscation Proceedings Forgeries Harboring a Fugitive Health Care Fraud Hobbs Act Extortion, Theft and Public Corruption Kidnapping Loansharking Postal Fraud and Digital Making Fictious Statements Misprision of a Felony Real Estate Fraud Capital Laundering Narcotics Charges Obstruction of Justice Lying Under Oath Public Corruption RICO Financial Fraud Sexual Abuse of Minors Stalking Tax Cheating Theft of Government Property Unlawful Usage of Aliens List of the Punishments for federal offenses? Another major difference between national crimes vs. country crimes is the essential sentence. Federal judges have been guided by the federally adopted sentencing regulations when supplying a conviction penalty. Mandatory minimum prison penalties mean that national sentences are inclined to be considerably more lengthy than nation paragraphs. Even if their crimes are alike, someone being stranded for a national crime will generally face a much more unpleasant punishment than someone who has been convicted of a state offense. There is a large system of federal prisons throughout the United States of America. You may reside at any of them depending on a number of factors. If you have psychological or physical health issues, you will probably go to a Federal Medical Center like MCFP. MCFP is a common name for the U.S. Medical Center for Federal Prisoners. The facilities where paragraphs are completed disagree, as well. Individuals sentenced to take some time for a national offense will be delivered to federal prison, although people who serve time for a state crime is going to probably be mailed to state prison. Federal prisons tend to house more non-violent offenders (for instance, people convicted of white-collar crimes), while local prisons house large populations of individuals convicted of violent crimes.

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trentonrseb823-blog · 6 years

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The Main Contrast Between In-Person DUI Classes vs Online DUI Classes

Exactly how to Locate as well as select DUI Classes

Penalties that are connected with Driving under the Influence (DUI) cases can be serious. A culprit might even deal with a court trial and be sentenced in a rehab phase in addition to the mandatory research study of DUI classes in an accredited and genuine organization.

Driving under the Influence is approved when a chauffeur is caught due to the fact that of a driving infraction, plus the reality that he or she made the violation under the results of dangerous drugs or alcohol. The transgressor would not simply pay for his very first offense but for the branch offenses as well. DUI now relies on his primary offense; depending upon the state the motorist is captured.

A culprit's license will be confiscated and she or he will be escorted to a local authorities precinct where he or she will be charged officially. He would then need to call a legal representative that would hear his case and serve as his counsel until the case is officially attempted or acquitted. Usually, the attorney will supply the location of a reliable DUI class and see to it that the offender will go to all the variety of classes that the court has provided.

If You Are Billed, DUI Course And What You Will certainly Experience!

Going to DUI classes is not a simple thing to accept and fit in to one's busy schedule. But, this is very crucial to ensure that an offender's driving is fit and acceptable on the road. Safety procedures will be discovered thus, avoiding undesirable mishaps and conserving innocent lives. Various DUI class attendees provided their positive remarks concerning their classes - particularly their DUI alcohol class which provided insights about alcohol and its damaging effects on the health and judgment, not only on the road but on other phases of life too. The experience will deserve it.

In the case that you have been charged with a first time DWI test failure or test refusal, and are 21 years of age or older, there is a method to shorten the duration of your chauffeur's license revocation by pleading guilty to the DWI. Before you consider this option, it is very important to first look for the recommendations of your lawyer concerning the strength of the state's case versus you. Your lawyer may recommend you, for example, that the police stop of your car was unlawful and that a defense motion should be submitted to dismiss the criminal charge and that a petition must be submitted to restore driving opportunities. Your attorney may also notify you to other grounds that can be used to seek the dismissal of the criminal charge and the reinstatement of your driving privileges such as when the law enforcement officer does not have likely cause to detain you for DWI or when your rejection to send to chemical testing was sensible.

If you are charged with a first time 3rd Degree test refusal, a gross misdemeanor, and you are 21 years of age or older, you may want to consider going into a guilty plea to the Third Degree DWI. This method will permit you to shorten the duration of your chauffeur's license cancellation from one year to 90 days. The better result would be to get the district attorney to allow you to plead guilty to the modified charge of misdemeanor Fourth Degree DWI. This tactic would decrease the period of your driver's license cancellation even further; from one year to thirty days.

Are You Dealing With a Feasible Permit Abrogation?

Perhaps among the reasons Driving While Impaired (DWI) is handled so seriously in United States of America is due to the fact that thousands of individuals a year die from alcohol associated accidents. U.S.A. is at the leading edge in the country for alcohol associated accidents and deaths.

The moment a motorist is pulled over and suspected of driving under the influence of alcohol, the motorist has rights and might refuse a breath test which tests their blood alcohol content (BAC). Nevertheless, upon rejection of the breath test the chauffeurs' license will probably be immediately suspended for 6 months in addition to the consequences of a conviction.

What Takes place to an Out of State Permit With a Arizona DWI?

In case a person is of the legal drinking age (21 years of age or older) and has a BAC of.08% or lower than they are within the legal limits. However, if it is any greater than.08% the chauffeur might be founded guilty. Otherwise, anybody under the legal legal age with a BAC of.01% or more will immediately be founded guilty of a criminal offense and have penalties to handle.

Different spans of suspension depend on how many times you have been convicted and how old you are. If an individual is 21 years of age or older and founded guilty of a DWI their license can be suspended for anywhere in between 90 days to two years depending on whether it is their first, 2nd, or 3rd offense. If anybody under the age of 21 is captured driving with any measurable amount of alcohol in their system they are required to stick to a series of consequences in accordance with the Texas' "absolutely no tolerance" policy of minor drinking. A sixty day license suspension belongs to these consequences.

The Alcoholic Screening process course is a 15-30 minute one on one dialogue with an alcohol therapist who will ask you questions about your drinking practices and after that suggest a treatment strategy which you are not obligated to follow unless you are convicted of DUI. Typical treatment plan suggestions are 16 hours for very first time offenders and 36-72 hours for multiple, extreme, extremely extreme or exacerbated DUIs.

What is The DUI Alcohol Screening Class as well as Exactly How Do I Complete It?

It surely will be a great idea to complete/schedule your MVD needed alcohol screening as quickly as possible. This is because the cost is reasonably low ($20-50), and if you will be serving a basic DUI 90 day license suspension it will lower the suspension to 1 month of no driving and 60 days limited driving. Once completed your supplier must electronically publish a certificate of completion to the MVD.

The other benefit of completing the Alcohol Screening early is that if you are eventually founded guilty of DUI the Court will probably sentence you to Alcohol Screening in exchange for less jail time. If you currently finished the screening and/or any follow up classes you will get credit for doing so.

What to Anticipate When It Comes To DUI Lawyer Charges

Driving under the influence (DUI), as we know, is an act of driving while an individual is intoxicated either by alcohol or drugs. The driving under the influence data have actually been quite worrying in the recent past. In 2008-09, there were almost 38,000 DUI cases in the United States alone, with states like California, Georgia, Florida, and Texas tape-recording the highest variety of DUI cases. Considered to be a criminal offense in the US and a number of other parts of the world, this phenomenon has actually triggered legislators to punish DUI culprits, purchasing severe charges for the convicted motorists. Currently, all states in the US have enacted per se laws that limit motorists having specific blood alcohol material (BAC) level from operating an automobile. Usually, the specific DUI laws differ from one area to the other and from nation to country.

DUI records can be dreadful for your future. What should you do if you are founded guilty? You have an option. The most important step is to speak with a qualified dui attorney. There are criminal law office that have actually specialized lawyers who handle DUI-specific cases. You need to try to find a experienced and experienced DUI lawyer, who understands the DUI laws and ensure that you avoid the extreme penalties following a drunk-driving conviction. Try to find the number of DUI cases he has managed before and how those trials were solved.

Do You Have a Fundamental Recognizing of DWI Rules? Zero Tolerance Policy for Minor DWI License Suspension

Experienced and skilled DWI attorneys can be recognized from the members of the National Association of Bad Guy Defense and the National College of Driving While Impaired (DWI) defense. It is necessary that you pick attorneys who have a devoted practice in DWI cases, as they will be upgraded in the Driving Laws and DWI effects. An ideal option will conserve your license and decrease the charge. Family members and friends likewise play significant function in the choice of a professional. The benefit of finding a DWI legal representative through the web is that you get the details relating to the attorney's experience in DWI laws.

Drunk Driving DUI First Violation

There certainly are rigorous penalties for a First Offense DUI conviction. Here are some of the charges you are facing upon conviction if you are apprehended for a Very first Offense DUI in Michigan.

- Operating While Intoxicated (OWI) $100 to $500 fine:

- As much as 360 hours of social work.

- Up to 93 days in jail.

- Possible vehicle immobilization.

- Chauffeur license suspension for 30 days, followed by limitations for 150 days.

- Six points contributed to chauffeur record.

- Possible ignition interlock.

- $1,000 Driver Obligation Fee for two successive years for OWI.

- $500 Driver Obligation Fee for two successive years for OWPD.

Drunken Driving Facts on Alcohol DUI

The seriousness of the crimes differ kind state to state. A DUI is considered to be a serious criminal offense in lots of states in US, whereas it is dealt with as a less serious criminal offense in some portions of USA. Due to the fact that of simply under the impact and really being intoxicated, the main factor behind thinking about the DUI as less serious and sever crime is. Based on the above reasons DUI and DWI charges will be imposed on the intoxicated drivers depending on the level of impairment.

If you are adjured under DUI or DUI, then finding a good DUI Lawyer helps you in minimizing the charges. A great DUI Attorney assists you in discovering the best possible outcome for the DUI charges. DUI charges can be levied based upon your previous dui convictions likewise. The effects can be prison time or community service for operating an automobile while intoxicated.

What is the Total Expense of DUI Charges? Just how Much Does an Initial Offense DUI Expense? Learn About The Fines For DUI Charges

This question depends on a few different factors. Let's state you were pulled over right after leaving a bar after having a couple of a lot of beers. After you're done paying attorney fees, court costs, license charges, probation charges and raised insurance rates, you can anticipate to shell out about $10,000. Ten thousand dollars for one night of fun, barely worth that extra beer. And you might likewise lose your task, have trouble discovering new work and a lot more that can put you in a monetary pressure.

What if you are less fortunate, choose to drive drunk and you get into a cars and truck mishap? Even worse, what if you eliminate somebody while you're driving intoxicated? Can you put a price on another person's life? Sadly yes. Every DUI death costs $3.6 million dollars. $1.1 million in monetary expenses and $2.5 million in quality of life losses. Colorado lost $2 billion dollars in the year 2000 due to these expenses.

A myriad of expenditures generally associated with a DUI conviction consist of bail, car towing or take expenses, court expenses, legal fees, DUI education programs, greater insurance costs, apprenticeship charges, drug and alcohol evaluation and therapy, license reinstatement fees, and loss of work income. Which's the short list.

The expense of a DUI conviction varies by state, however in every state the expense ranges into the lots of dollars. In New York, for example, the approximated minimum cost for a very first DUI conviction is $9,500. A study by the Texas Department of Transportation discovered that the typical expense for a DWI arrest and conviction varieties from $9,000 to $24,000.

DUI Institution and also Alcohol Treatment Concerning DUI Courses

If you've been convicted of a DUI, even if it's the first time this has actually occurred, you'll be required to participate in DUI school as part of your sentence. The other parts of your sentence will probably be needing to pay some fines, be on probation, plus your license will be suspended for at least 4 months, and you might have other penalties if specific aggravating factors exist (such as a very high blood alcohol level, or triggering a mishap that hurts somebody or damages property).

DWI trainings are presented by state-certified instructors, involve a basic DUI curriculum, and require a certain number of direction hours. During the course, you can anticipate a mixture of lecture, discussion, instruction, and class involvement, all with an emphasis on education, evaluation, and empowerment.

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kennethherrerablog · 6 years

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Don’t Lose Your Home. Fight Eviction With These 4 Strategies

A few months before the housing market began to implode, 22-year-old Alisa Daly and her boyfriend — now husband — were expecting their first child.

Working at a small trucking company in Arizona, she was close friends with the office manager, and her mother worked for the same firm. So Daly was shocked when her mom called and told Daly she was about to be laid off. Then, a few months after that, the couple’s car broke down and her boyfriend was fired when he didn’t show up for work.

“It made us feel miserable, overwhelmed, depressed and angry,” Daly says. “We couldn't get a job anywhere, doing anything. And no one would hire someone that was pregnant.”

As a renter in 2007, she was able to avoid eviction, unlike the 958,000 tenants who were evicted during the housing crisis. But she was on the precipice of a life-changing, community-altering tragedy, according to recent data compiled by the Eviction Lab, a project spearheaded by Princeton University professor Matthew Desmond with millions of dollars in support from the Gates, JPB and Ford Foundations and the Chan Zuckerberg Initiative.

Luckily, Daly, now a homeowner, negotiated a week-to-week payment plan to avoid falling behind in rent — demonstrating what experts say is your best bet if you’re facing eviction. She said dividing the rent into weekly amounts made it easier to budget for.

But when she moved to break her lease after an attempted burglary at her apartment, she also avoided any additional fees by hiring a lawyer and arguing that the landlord had violated the lease by not maintaining the apartment adequately — another option to fight an eviction proceeding.

Even as foreclosures have fallen 67% since the Great Recession, rental evictions declined only 9.6% to 898,479 in 2016, the latest year that statistics are available. And with experts growing concerned about housing affordability, particularly for renters, and wages remaining mostly stagnant, the eviction epidemic is likely to continue.

“If you live in a community that is plagued by eviction, then it is absolutely an epidemic, but it’s an epidemic that’s always been occurring,” said David Dworkin, president and CEO of the National Housing Conference and former housing policy adviser at the U.S. Treasury Department. “And if you don’t live in one of those communities, it’s an epidemic that’s been easy to ignore.”

Here’s Some General Advice on How to Stop an Eviction

Since the Eviction Lab had difficulty compiling all eviction records from some states, including New York and California, the real numbers of people evicted are likely in the millions each year. It could be your neighbor. A family member. It might even be you.

As Alisa Daly’s story shows, you could end up facing eviction through no fault of your own.

Maricopa County, Arizona, Judge Pro Tem Jeremy Rovinsky can see 100 eviction proceedings during a busy day as he does temporary time behind the bench in civil court.

“It’s very difficult for me I have to look people in the eye, people who are struggling, people who are suffering, and tell them they have to leave their home,” he says. “The worst part of my job is having go look them in the eye and say this is the law.”

So how does an eviction work?

First, it’s illegal for landlords to try to evict you by themselves by changing the locks, turning off utilities or through any other method. They must go through the court system.

In most cases, you’ll be served with a notice to vacate, after which you will go before a judge. Be aware that it’s rare for a tenant to win an eviction case for nonpayment. If the judge rules in favor of the landlord, a law enforcement officer will show up and you’ll be forced out of your home.

Although specific eviction laws vary state-by-state, there are some general things you can do if you are facing eviction due to nonpayment of rent. Below, you can see the specific time frames landlords must follow during eviction proceedings, depending on your state.

Negotiate Any Way You Can With Your Landlord or Leasing Company

Usually, it’s in your landlord’s best interest to work out a payment plan so you don’t fall too far behind on rent. For Daly, that meant a week-to-week plan, but it could even be a grace period until you get back on your feet.

But be certain you get whatever agreement you come to in writing.

“[The landlord] neither wants the headache of going to court [n]or that apartment empty,” Rovinsky says.

Documents, Documents, Documents

Depending on your state, or county, there are technicalities that could force your landlord to halt eviction proceedings. These include failure to keep up the property or any sort of retaliation for demanding the landlord follow local tenant laws.

But you’ll need plenty of evidence. Hang on to your lease and read it thoroughly — or if you lost it, pick up a copy from your local Clerk of the Court. Save emails, memos and letters from your landlord and take photos of the property.

“Pictures really are worth 1,000 words in these situations,” said Alan Mills, executive director of the Uptown People’s Law Center in Chicago. “Judges have to figure out who’s telling the truth, and the more documentation, the better chance you have.”

Find a Legal-Aid Service or Church Group Near You

With all of the fine print in each state’s landlord-tenant laws, it was difficult enough just researching this article. If you lose a job, and especially if you have a family to look after, it can be head-spinning to figure out your legal options in an eviction process.

For one, know that a landlord can never lock you out or turn off the utilities — so stay calm and figure out your next move with the help of a local legal-aid office. Most are low-cost or free, and because they focus on working with marginalized folks, they’ll likely have an expert on tenants’ rights.

Rovinsky, the Arizona judge, recently had an eviction case in which a church congregation stepped in with $500 so a tenant could afford to avoid eviction for at least that month. Sometimes it can take just a month for you to get back on your feet.

Have a Backup Plan if You Can’t Fight the Eviction

“Make a contingency plan,” Mills says. “The worst thing that can happen to anyone is having the sheriff come put your stuff out on the street.”

That means using what savings you may have to rent a cheap storage unit for a month. And make sure you have a plan to keep your kids and family in place — whether that be with relatives or a homeless shelter.

Your first step should be to call the nationwide resource assistance hotline 211.

Once you are stabilized, know that an eviction will remain on your record. So before you pay for a background check when you are looking for a new apartment or home to rent, be up front with the landlord. You could spend half a month’s rent on background checks alone if you get denied a few times, Mills said.

But don’t lose hope; nonpayment of rent is the least harmful type of eviction to have on your record.

“If landlords only rented to people who have never been evicted, there would be a lot of open property,” Rovinsky said. “It doesn’t mean you’ll never rent again or that your life is over.”

Here Are State-By-State Eviction Guidelines

These brief guidelines will help you understand the timeline and some rights you have as a tenant if you can’t pay rent on time. There are many legal variations in each jurisdiction and even by housing type — and we are not authorized to give legal advice — so we have provided contact numbers for legal-aid services and tenants’-rights groups.

These organizations should help you understand your rights better and may help fight a potential eviction.

The Penny Hoarder also analyzed eviction rates — the percentage of rental properties where tenants faced an eviction in 2016 — to show the cities with the most evictions. For context, the national eviction rate is around 2.3%.

Alabama Arizona Arkansas California Colorado Connecticut Delaware Washington DC Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming

Alabama

In Alabama, the landlord must give the tenant notice and seven days to vacate unless the rental agreement is met. During that week, the tenant can pay the rent and the landlord is legally not allowed to pursue an eviction.

Legal Services Alabama, Statewide, 866-456-4995

Montgomery — 5.82%

Gadsden — 5.53%

Hueytown — 3.76%

Tillman’s Corner — 3.76%

Mobile — 3.66%

Arizona

In Arizona, where Rovinsky hears cases, tenants have five days’ notice ahead of being evicted. But there are three ways to fight an eviction in this state: Pay the rent in full within the five days; pay the rent in full and cover any applicable late fees after five days; or, before a final judgment, pay the rent, late fees and any court costs.

Drexel Heights — 6.15%

Tucson — 6.03%

Casas Adobes — 2.91%

Marana — 2.53%

Catalina Foothills — 1.99%

Arkansas

In Arkansas, landlords have two ways to evict you from your rental: a civil lawsuit or a criminal charge. If they pursue the former, they have to give you a three-day written notice that they will be suing you for “unlawful detainer” if you don’t vacate the property. After you receive a court summons, you have five days to object to the eviction.

In the case of a criminal charge, they will give you a 10-day notice of failure to vacate. If you don’t leave in 10 days, you’ll be charged with a misdemeanor and could be fined up to $25 for each additional day you stay.

Legal Aid of Arkansas, Jonesboro, 800-967-9224

Center for Arkansas Legal Services, Little Rock, 501-376-3423

Legal Aid of Arkansas, Statewide, 800-952-9243

Jacksonville — 1.99%

Marion — 1.96%

West Memphis — 1.85%

Little Rock — 1.76%

North Little Rock — 1.68%*

*These are eviction filings as opposed to actual evictions.

California

California law requires landlords to provide a three-day notice to vacate. If a tenant doesn’t pay rent within those three days, the landlord can file an eviction.

Bay Area Legal Aid, Oakland, 510-663-4755

Legal Aid Foundation of Los Angeles, 323-801-7991

Hemet — 5.08%

Moreno Valley — 4.81%

Perris — 3.31%

Arden-Arcade — 2.97%

Rancho Cordova — 2.86%

Colorado

Like California, Colorado also provides a three-day window before landlords can move to evict a tenant. But in this state, if you pay rent within that three-day period, the landlord can’t proceed with the eviction. If the tenants move out within three days, they are still liable for rent, and if the security deposit doesn’t cover the amount owed, the landlord may sue the tenant for the difference.

Colorado Affordable Legal Services, Denver, 303-996-0010

Northglenn — 6.24%

Aurora — 5.52%

Welby — 5.4%

Sherrelwood — 5.16%

Thornton — 4.64%

Connecticut

Connecticut has one of the more lenient nonpayment-of-rent laws, with the tenant given a nine-day period before the landlord can begin pursuing an eviction. But after that time frame, the landlord can give a three-day notification to move out of the rental.

Then, as in other states, a judge will weigh both sides during an eviction hearing if the tenant wants to challenge the eviction.

Connecticut Fair Housing Center, Hartford, 860-247-4400

Connecticut Legal Services, Middletown, 860-344-0447

Waterbury — 6.1%

Hartford — 5.73%

Bridgeport — 5.03%

New Britain — 4.68%

Meriden — 4.45%

Delaware

Tenants in Delaware have five days after the missed rent period to pay their landlord (once served with a notice to pay). If they don’t pay in that time frame, they will have to either fight the eviction in court or vacate the premises.

Legal Services Corporation of Delaware, Wilmington, 302-734-8820; 302-575-0408

Delaware Legal Help Link, Statewide, 302-478-8850

Wilmington — 7.62%

Glasgow — 7.05%

Dover — 6.94%

Bear — 6.04%

Brookside — 4.29%

Washington DC

In Washington, D.C., a landlord has to provide a 30-day window for the renter to pay rent in full with an official notice. But this is sometimes waived in rental agreements.

If a judge rules in favor of the landlord, the tenant has three days before removal from the property. D.C. is also a “pay-and-stay” jurisdiction, where tenants have until U.S. Marshals remove them from the rental to pay the rent and associated late fees.

D.C. Tenants' Rights Center, Washington, 202-681-6871

Howard University School of Law Fair Housing Clinic, Washington, 202-806-8082

Districtwide — 2.59%

Florida

In the Sunshine State, a landlord must send an official three-day notice for the tenant to pay rent. If the tenant pays within three business days of receiving the notice, the landlord cannot legally proceed with an eviction. But, if you fail to pay rent within those three days, you will be served with a summons and have five days to respond to the eviction lawsuit

Florida Housing Coalition, Tallahassee, 850-878-4219

Jacksonville Area Legal Aid, 904-356-8371

Lauderhill — 7%

Pine Hills — 5.88%

Jacksonville — 5.34%

University (Tampa area) — 5.26%

Miramar — 4.65%

Georgia

Landlords in Georgia do not have to wait between notifying tenants about missing rent and filing an eviction notice. So once tenants receive a notice, they may end up in eviction court right away.

Also, Georgia law doesn’t require a written eviction notice, so a landlord can verbally serve an eviction notice. But Georgia law does allow the tenant to pay without penalty the owed rent within seven days after receiving a court summons.

Atlanta Volunteer Lawyers Foundation, 404-521-0790

Georgia Legal Services Program, Atlanta, 404-206-5175

Redan — 13.99%

Union City — 11.67%

East Point — 11.3%

Candler-McAfee — 11.17%

Warner Robins — 10.69%

Hawaii

Landlords in Hawaii must provide tenants with a written five-day notice before pursuing an eviction.

Hawaii Fair Housing Enforcement Program at Legal Aid Society of Hawaii, Honolulu, 808-536-4302

Hilo — 0.51%

Kihei — 0.41%

Kahului — 0.26%

Idaho

Idaho law also requires a written three-day notice be provided to the tenant before proceeding with the eviction process. A tenant can pay rent within that window to stop the eviction proceedings.

Also, Idaho law allows tenants to withhold rent to request repairs..

Idaho Legal Aid Services, Boise, 208-336-8980

Nampa — 1.31%

Post Falls — 1.29%

Burley — 1.2%

Caldwell — 1.18%

Twin Falls — 1.16%

Illinois

Illinois law calls for a five-day notice before a tenant can be sued for eviction. If the tenant pays rent in that time frame, the landlord can’t pursue an eviction.

Illinois Tenants Union, Chicago, 773-478-1133

Legal Aid Society of Metropolitan Family Services, Chicago, 312-986-4000

Matteson — 5.92%

Crest Hill — 5.5%

Kankakee — 5.35%

East St. Louis — 5.27%

Bolingbrook — 4.67%

Indiana

Indiana may have a high eviction rate compared with the rest of the country, but it does have a more lenient landlord-tenant law, at least when it comes to the notice. Landlords are required to provide a 10-day written notice before filing suit, during which time the tenant can pay back rent.

Indiana Legal Services, Statewide, 844-243-8570; Bloomington office, 812-339-7668 or 800-822-4774

Indiana University Bloomington Tenant Assistant Project

Griffith — 11.27%

Marion — 8.52%

Elkhart — 8.50%

Auburn — 8.06%

Kokomo — 7.95%

Iowa

Iowa landlords are required to give tenants a three-day window to pay the owed rent before filing an eviction lawsuit. If the tenant pays rent during that time frame, the landlord can’t sue for eviction.

Iowa Legal Aid, Statewide, 800-532-1275

Waterloo — 5.73%

Davenport — 4.72%

Clinton — 4.02%

Ottumwa — 3.72%

Council Bluffs — 3.49%

Kansas

In Kansas, landlords must provide a three-day notice for tenancies that have lasted less than three months and a 10-day notice for those that have been in place longer.

Kansas Legal Services, Topeka, 800-723-6953

Edwardsville — 7.68%

Park City — 6.88%

Kansas City — 5.60%

Bonner Springs — 4.86%

Wichita — 4.44%

Kentucky

In Kentucky, tenants are given a seven-day window to pay rent before a landlord can pursue eviction. But like most states, a tenant can fight the eviction in court if the landlord did not hold up his or her end of the lease agreement.

Legal Aid of the Bluegrass, Lexington, 859-431-8200

Kentucky Legal Aid, Western Kentucky, 866-452-9243

Legal Aid Society, Louisville, 502-584-1254

Shively — 5.45%

Franklin — 4.84%

Louisville — 4.82%

Lexington-Fayette — 4.59%

Campbellsville — 4.48%

Louisiana

Louisiana law calls for a five-day notice before a landlord can file an eviction lawsuit. However, that five days is only a grace period to vacate; the state does not allow the tenant to pay rent and avoid eviction.

Legal Services of North Louisiana, Shreveport, 318-222-7186

Southeast Louisiana Legal Services, Baton Rouge, 225-448-0331; Hammond, 985-345-2130; Covington, 985-893-0076

Woodmere — 7.23%

Baton Rouge — 6.45%

Slidell — 5.49%

Baker — 5.13%

Marrero — 4.30%

Maine

In Maine, a tenant must fall seven days behind in rent before a landlord can issue a notice of eviction. After that, a tenant has seven days to pay rent to stop the eviction proceedings.

Pine Tree Legal Assistance, Portland, 207-774-8211

Waterville — 5.25%

Lewiston — 4.79%

Sanford — 4.68%

Augusta — 4.28%

Biddeford — 4.25%

Maryland

Maryland is one state that has no notification period for landlords who want to evict a tenant. Technically, they can sue a tenant for eviction the day after they serve the resident with a notice.

Still, if tenants pay rent, late fees and court costs on or before the day of the hearing, they can avoid eviction.

Public Justice Center, Baltimore, 410-625-9409

Maryland Legal Aid, Baltimore, 410-951-7777

South Laurel — 7.14%

Chillum — 3.37%

Bowie — 1.93%

Laurel — 1.88%

College Park — 1.50%

Massachusetts

To avoid being sued for eviction, tenants in Massachusetts have a 14-day period to pay rent or vacate their rental after a landlord serves legal papers.

Alliance of Cambridge Tenants, 617-499-7031

Quincy Community Action Programs, 617-479-818, ext. 4

Haverhill — 2.93%

Lynn — 2.75%

Weymouth — 2.71%

Brockton — 2.69%

Framingham — 2.53%

Michigan

Michigan-based landlords must serve a written seven-day notice before they can file to evict a tenant. The tenant can pay the owed rent within that window to remain in the rental, however.

Lakeshore Legal Aid, Statewide, 888-783-8190

Michigan Poverty Law Program, Ann Arbor, 734-998-6100

Muskegon — 10.91%

Saginaw — 10.54%

Battle Creek — 9.98%

Dearborn Heights — 9.82%

Jackson — 9.71%

Minnesota

In Minnesota, landlords aren’t required to give any notice before pursuing an eviction unless the tenant is “at will” — meaning under an informal, usually month-to-month lease. In that case, a landlord must provide a 14-day notice to vacate before suing for eviction.

Home Line, Minneapolis, 866-866-3546

Southern Minnesota Regional Legal Services, St. Paul, 888-575-2954

East Bethel — 2.59%

Brooklyn Park — 1.86%

Brooklyn Center — 1.44%

Moorhead — 1.38%

Ramsey — 1.23%

Mississippi

Mississippi law requires a three-day notice to pay rent before a landlord can file an eviction lawsuit against a tenant for nonpayment.

Mission First Legal Aid, Jackson, 601-608-0050, ext. 2

Mississippi Center for Legal Services, Statewide, 800-498-1804

Horn Lake — 11.90%

Gulfport — 9.68%

Pascagoula — 9.38%

Jackson — 8.75%

Southaven — 7.86%

Missouri

Unlike most states, Missouri doesn’t have a specific time requirement for a landlord to demand rent before filing an eviction. However, most legal sites do recommend that landlords give at least three days’ notice.

Arch City Defenders, St. Louis, 855-724-2489

Legal Services of Eastern Missouri, St. Louis, 314-534-4200 or 800-444-0514

Spanish Lake — 14.33%

Old Jamestown — 12.76%

Bellefontaine Neighbors — 11.51%

Berkeley — 9.13%

Murphy — 8.75%

Montana

In Montana, a a tenant has three days to pay rent upon being served with a notice of late payment by the landlord.

Montana Legal Services Association, Statewide, 800-666-6899

Evergreen — 3.69%

Lockwood — 2.02%

Hardin — 1.92%

Butte-Silver Bow — 1.86%

Great Falls — 1.81%

Nebraska

In Nebraska, a landlord must serve a three-day notice to a tenant who is late on rent. The renter can avoid eviction by paying within that three-day window.

Legal Aid of Nebraska, Statewide, 877-250-2016

Plattsmouth — 4.79%

Omaha — 3.87%

Waverly — 3.24%

Chalco — 2.68%

Bellevue — 2.63%

Nevada

Nevada state statutes require landlords to serve a tenant with a five-day notice to pay rent before proceeding with an eviction. If the tenant pays rent in that window, the landlord can’t pursue the eviction.

Legal Aid Center of Southern Nevada, Las Vegas, 702-386-1070

Nevada Legal Services, Las Vegas, 702-386-0404; Reno, 775-284-3491 or 800-323-8666

Whitney — 6.82%

North Las Vegas — 5.82%

Sunrise Manor — 5.31%

Winchester — 5.15%

Paradise — 4.33%

New Hampshire

New Hampshire law provides a one-week time frame for a tenant to pay rent to avoid eviction. This seven-day period begins when the landlord serves the tenant with a written notice, and tenants can pay rent in full plus $15 during that period.

New Hampshire Legal Aid, Statewide, 800-639-5290

(No data on percentage of evictions available.)

New Jersey

New Jersey law doesn’t require a landlord to give a tenant a window to pay rent that is owed, so a tenant may face an eviction lawsuit immediately after failing to pay rent.

New Jersey Tenants Organization, Fort Lee, 201-342-3775

Fair Share Housing Center, Cherry Hill, 856-665-5444

South Plainfield — 0.07%

Newark — 0.05%

Westfield — 0.04%

Clifton — 0.03%

East Orange — 0.03%

New Mexico

New Mexico law requires landlords to serve tenants with a three-day notice to pay rent before pursuing an eviction.

New Mexico Legal Aid, Statewide, 833-545-4357

Albuquerque — 4.72%

Clovis — 3.58%

Roswell — 3.53%

South Valley — 3.10%

Grants — 2.93%

New York

New York landlords must give tenants three days to pay rent before pursuing an eviction. If the renter pays within that window, the landlord can’t sue for eviction.

Legal Services NYC, New York, 917-661-4500

Legal Services of Central New York, Syracuse, 877-777-6152

Poughkeepsie — 2.76%

Auburn — 1.74%

New York — 1.615 (Bronx, 6.23%, Brooklyn, 1.28%, Staten Island, 3.42%)

Watertown — 1.45%

Middletown — 0.95%

North Carolina

If a tenant is late paying rent in North Carolina, the landlord must serve a written notice that gives the renter 10 days to pay before filing an eviction. If the tenant pays within that window, the landlord can’t proceed with the eviction.

Pisgah Legal Services, Statewide, 828-253-0406, 800-489-6144

Graham — 11.14%

Kinston — 10.24%

Shelby — 9.10%

Henderson — 9.08%

Wilson — 8.60%

North Dakota

In North Dakota, a landlord must provide the tenant a three-day notice of eviction, and it must be served by a process server or deputy.

Ohio

In Ohio, the landlord must give a tenant a three-day notice before suing for eviction. However, unlike in other states, the landlord is not obligated to accept a rent payment during that period or halt the eviction process.

Legal Aid Society of Greater Cincinnati, 513-241-9400, 800-582-2682

Legal Aid Society of Cleveland Tenant Information Line, Cleveland, 216-861-5955. (For legal help, dial 216-687-1900 or 888-817-3777.)

Legal Aid Society of Columbus, 614-241-2001

East Cleveland — 8.87%

Middletown — 8.41%

Canton — 8.34%

Euclid — 7.93%

Trotwood — 7.72%

Oklahoma

Oklahoma law requires a landlord to serve the tenant with a five-day notice to pay rent before pursuing an eviction.

Legal Aid Services of Oklahoma, Oklahoma City, 405-521-1302

Neighbor for Neighbor, Tulsa, 918-425-5578

Tulsa — 7.77%

Del City — 7.32%

Midwest City — 6.63%

Durant — 6.46%

Oklahoma City — 6.19%

Oregon

Oregon has a more lenient law for nonpayment of rent, with a landlord required to wait eight days before serving the tenant with a notice of eviction. Then, the tenant has three days to pay rent or face an eviction lawsuit.

But the landlord has another option: Serve a six-day notice to pay rent on the fifth day after rent is due. Both give 11 days for a tenant to catch up on rent.

Legal Aid Services of Oregon, Portland, 503-224-4086

Portland Tenants United, 503-836-7881

Gresham — 2%

Springfield — 1.86%

Hayesville — 1.65%

Medford — 1.62%

Salem — 1.62%

Pennsylvania

Pennsylvania law requires a landlord to give a 10-day notice of eviction to the tenant, who can pay during that period and avoid eviction.

Regional Housing Legal Services, Glenside, 215-572-7300

Community Legal Services of Philadelphia, 215-981-3700

Glenolden — 10.03%

Folcroft — 6.99%

Brookhaven — 6.91%

Reading — 6.22%

Uniontown — 4.29%

Rhode Island

In Rhode Island, tenants have 15 days to pay rent after the due date before a landlord can serve them with a five-day notice to pay. If the renters don’t pay in those five days, the owner can pursue an eviction.

Rhode Island Legal Services, Providence, 401-274-2652

Providence — 3.82%

Cranston — 2.63%

Warwick — 2.44%

South Carolina

South Carolina law requires the landlord to serve a five-day written notice when the tenant is late with rent before filing an eviction lawsuit. However, the landlord can file suit without notice if the following language is in the lease agreement:

“IF YOU DO NOT PAY YOUR RENT ON TIME. This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.”

South Carolina Legal Services, Statewide, 888-346-5592

Ladson — 24.00%

St. Andrews — 20.66%

Dentsville — 19.01%

Hanahan — 17.84%

Florence — 16.65%

South Dakota

South Dakota law gives tenants three days to pay rent after it is due. The landlord can serve a three-day notice and file an eviction lawsuit if the rent isn’t paid in that window.

Dakota Plains Legal Services, Mission, 605-856-4444, 800-658-2297

East River Legal Services, Sioux Falls, 800-952-3015

Summerset — 1.9%

Brandon — 1.28%

Box Elder — 1.26%

Harrisburg — 1.09%

Rapid Valley — 1.09%*

* These are eviction filings as opposed to actual evictions.

Tennessee

In Tennessee, landlords must serve a 14-day notice to pay rent once the tenant is late. If the rent remains unpaid, then the owner can sue for eviction.

Memphis Area Legal Services, 901-523-8822

West Tennessee Legal Services, 17 counties, 731-423-0616 or 800-372-8346

Memphis — 4.89%

Athens — 4.13%

Clarksville — 3.90%

Cleveland — 3.51%

Nashville-Davidson — 3.42%

Texas

Texas is another state that requires a three-day notices before the landlord can file for eviction.

Austin Tenants Council, 512-474-1961

Lone Star Legal Aid, Houston, 800-733-8394

Killeen — 7.67%

White Settlement — 6.39%

Dickinson — 6.23%

Texas City — 5.98%

Fresno — 5.62%

Utah

Utah law requires a landlord to give the tenant a three-day notice before suing for eviction.

Utah Legal Services, Salt Lake City, 801-328-8891 (in Salt Lake County), 800-662-4245 (outside Salt Lake County)

Murray — 2.31%

West Valley City — 2.26%

Taylorsville — 1.97%

Midvale — 1.82%

Magna — 1.79%

Vermont

Vermont is another state with lenient laws regarding nonpayment of rent. When a tenant is overdue on rent, the landlord must issue a 14-day notice to pay before filing an eviction lawsuit.

Vermont Legal Aid, Statewide, 800-889-2047

Barre — 0.23

Montpelier — 0.11

St. Johnsbury — 0.08

St. Albans — 0.06

Virginia

In Virginia, landlords must issue a five-day notice to pay rent before starting eviction proceedings against a tenant.

Northern Virginia Affordable Housing Alliance, Northern Virginia, 571-572-2238

Legal Aid Justice Center, Charlottesville, 434-529-1849

Central Virginia Legal Aid Society, 21 counties and municipalities, 800-868-1012

Petersburg — 17.56%

Hopewell — 15.69%

Portsmouth — 15.07%

Richmond — 11.44%

Hampton — 10.49%

Washington

Washington requires a landlord to issue a three-day notice to pay rent before suing a tenant for eviction.

Fair Housing Center of Washington, Tacoma, 253-274-9523

Everett — 2.06%

Parkland — 1.99%

Lakewood — 1.89%

Longview — 1.74%

Spokane — 1.66%

West Virginia

West Virginia laws allow landlords to immediately terminate a lease and file an eviction lawsuit as soon as the tenant fails to pay rent on time.

Legal Aid of West Virginia, Statewide, 866-255-4370

Martinsburg — 10.22%

Ranson — 8.09%

Westover — 7.83%

Elkins — 7.14%

Beckley — 5.75%

Wisconsin

A landlord has two options for evicting a tenant for failure to pay rent. The owner can issue a five-day notice, in which time the tenant can pay up to avoid eviction. Or the owner can issue a 14-day notice to vacate, in which the tenant has no choice but to move out or face eviction.

Legal Action of Wisconsin, Milwaukee, 414-278-7722

Tenant Resource Center, Madison, 608-257-0006 ext. 5

Racine — 5.56%

Beloit — 4.34%

Milwaukee — 4.25%

Kenosha — 3.89%

Janesville — 3.39%

Wyoming

Wyoming-based landlords must provide a three-day notice to tenants before pursuing an eviction lawsuit.

Legal Aid of Wyoming, Statewide, 877-432-9955

Casper — 1.76%

Riverton — 0.91%

Lander — 0.85%

Rock Springs — 0.80%

Evanston — 0.78%

Alex Mahadevan is a data journalist at The Penny Hoarder.

This was originally published on The Penny Hoarder, which helps millions of readers worldwide earn and save money by sharing unique job opportunities, personal stories, freebies and more. The Inc. 5000 ranked The Penny Hoarder as the fastest-growing private media company in the U.S. in 2017.

The Penny Hoarder Promise: We provide accurate, reliable information. Here’s why you can trust us and how we make money.

Don’t Lose Your Home. Fight Eviction With These 4 Strategies published first on https://justinbetreviews.tumblr.com/

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New Post has been published on https://scfop3.org/police-interaction-with-homeless-persons/

Police Interaction with Homeless Persons

Police Interaction with Homeless Persons: An Update on Recent Developments

Introduction

Begging, Solicitation, and the First Amendment

Camping Out and Living in Vehicles

Property and Pets

Feeding the Homeless

Use of Force

Liability for Crimes by the Homeless?

Resources and References

Introduction

Ten years ago, in the fall of 2008, this journal published two articles focusing on some significant case law on police interaction with homeless persons. See Police Interaction with Homeless Persons – Part I – Sleeping and Possessions, 2008 (7) AELE Mo. L.J. 101 and Police Interaction with Homeless Persons – Part II – Panhandling and Use of Force, 2008 (9) AELE Mo. L.J. 101. In the intervening decade, there have been a number of significant lawsuits asserting various claims on behalf of homeless persons.

In a number of such cases, various courts have sometimes taken an expansive view of the rights of such persons, entertaining some claims that may earlier have been dismissed out of hand. This brief article attempts to update the earlier two articles. Clearly, the social, economic, and law enforcement issues arising from homelessness continue to be challenging and unresolved. At the conclusion of this article, there is a listing of some useful and relevant resources and references.

Begging, Solicitation, and the First Amendment

While courts have generally upheld law enforcement efforts to curtail “aggressive” panhandling/begging, there have been a number of instances in which a uniform ban on all such solicitation has been viewed as potentially running afoul of the First Amendment.

An example of this is Speet v. Schuette, #12-2213, 726 F.3d 867 (6th Cir.2013), finding that a Michigan state anti-begging statute under which two homeless adults were arrested violated the First Amendment. The statute was facially invalid since begging was a form of solicitation protected by the First Amendment and the law prohibited a substantial amount of solicitation by beggars but allowed other solicitation based on its content.

One arrestee had been holding signs saying “Cold and Hungry, God Bless” and “Need Job, God Bless.” The second arrestee, a veteran who needed money for bus fare, asked another person on the street whether they could “spare a little change.” While there was a substantial state interest in preventing duress and fraud, the law was not narrowly tailored to serve those interests, the court concluded.

Similarly, in Reynolds v. Middleton, #13-2389, 779 F.3d 222 (4th Cir. 2015 ), a homeless man who supports himself by soliciting donations filed a federal lawsuit challenging a county ordinance prohibiting solicitations on county roadways. A federal appeals court found that the county had the burden of showing the constitutionality of the ordinance, which the plaintiff showed limited his ability to collect donations because he was forced to move to locations where it was more difficult for drivers to give him money.

The court further ruled that the county failed to show that the ordinance was content neutral and was a narrowly tailored time, place, and manner restriction on free speech, or that it left open ample alternative channels of communication. While the county showed that the ordinance materially advanced its interest in roadway safety, it failed to show that it had tried to improve safety by prosecuting those roadway solicitors who actually obstructed traffic or had thought about barring solicitations only at certain locations where it could not be done safely.

On the other hand, in Thayer v. City of Worcester, #13-2355, 755 F.3d 60 (1st Cir. 2014), a federal appeals court ruled that a trial court properly denied a preliminary injunction to prevent enforcement of most provisions of an ordinance aimed at

aggressive panhandlers, other solicitors, and demonstrators seeking the attention of motorists (other than a ban on nighttime solicitation). The ordinance was challenged by homeless people who solicited donations from city sidewalks and a person who displayed political signs near traffic during election campaigns.

The restrictions in the ordinance were not aimed at the content of speech, the court found, and did not appear to violate the First Amendment. And as homelessness and wealth were not suspect classifications for equal protection purposes, the ordinance would only have to survive rational basis scrutiny.

In The Contributor v. City of Brentwood, #12-6598, 726 F.3d 861 (6th Cir. 2013), First Amendment claims by homeless persons resulted in a modification of an ordinance restricting solicitation. The case was filed by a street newspaper devoted to educating people about homelessness, which used homeless people as street vendors. It challenged an ordinance that two of its vendors were cited for violating that barred using any part of the city street, alley, sidewalk, or public right of way to sell any goods or materials.

The city altered the ordinance so that it did not bar the sale or distribution of publications or handbills. Under the revised ordinance, those activities were prohibited, however, on any portion of the street. The revised ordinance also barred handing such materials to an occupant of a motor vehicle on the street or taking action reasonably intended to cause a vehicle occupant to hand anything to the person selling or distributing the materials. The federal appeals court upheld a determination that the ordinance, as revised, did not violate the First Amendment and left open adequate available alternative channels of communication.

Camping Out and Living in Vehicles

Where to sleep is a constant issue for homeless persons. A good number of prior cases upheld restrictions on camping out overnight on public property or sleeping on city sidewalks, as illustrated by Foley v. Kiely, #09-1250, 602 F.3d 28 (1st Cir.

2010). In this case, a homeless man claimed that he was unlawfully detained and arrested by two Massachusetts state troopers and a state police officer for trespassing in a public park after it closed at night. Upholding summary judgment for the defendants, a federal appeals court found that it was reasonable for them to suspect, at 10:30 p.m., that the plaintiff was in a restricted area and therefore trespassing, based on signs designating the closing time of the park.

Additionally, the area was known by the defendants to be one in which crimes had been reported, and the plaintiff’s attempts to avoid contact with the officers, combined with his inability or unwillingness to provide his Social Security number, gave the officers reasonable grounds to investigate his past criminal history. This reasonable suspicion justified his one-hour detention for a warrant check, and the Florida state warrant found was sufficient to give them probable cause for his arrest.

The case of Allen v. City of Sacramento, #C071710, 234 Cal.App.4th 41, 183 Cal.Rptr.3d 654, 2015 Cal. App. Lexis 116, however, involved the consented use of private property. The owner of this private property agreed to let 22 homeless persons and two persons providing services to them camp on his lot, located in a light industrial area of the city. Police then informed all concerned that the camping was in violation of a city ordinance that required a permit for extended camping on public or private property. Police removed camping gear from the site and issued two citations for an ordinance violation.

When the campers brought in more gear and continued their activities, they were arrested. An agreed judgment was entered against the plaintiffs’ challenge to the ordinance as unconstitutional, in order to facilitate an appeal. The federal appeals court found that the plaintiffs had stated a triable claim for declaratory relief challenging the ordinance as applied on the basis of equal protection. The plaintiffs forfeited, however, their claims for arbitrary and discriminatory enforcement, violation of substantive due process, and impermissible vagueness.

Some homeless persons have attempted to live in a vehicle. In Desertrain v. City of Los Angeles, #11-56957, 754 F.3d 1147 (9th Cir. 2014), a federal appeals court found that an ordinance prohibiting the use of a vehicle as living quarters was void for vagueness in violation of due process since it offered no guidance as to what conduct was prohibited and failed to clearly divide criminal and innocent conduct. As written, it could be broad enough to apply to any driver who transported personal belongings or ate in his vehicle, but it apparently was only applied to homeless persons, opening the door to arbitrary and discriminatory enforcement. Summary judgment for the defendants was reversed and further proceedings were ordered.

Property and Pets

To the extent that homeless persons manage to acquire any possessions, retaining and safeguarding them is a difficult proposition. In Lavan v. City of Los Angeles,

#11-56253, 693 F.3d 1022 (9th Cir. 2012), homeless persons sued a city, claiming that it violated their rights under the Fourth and Fourteenth Amendments by routinely seizing their unabandoned personal property temporarily left on public sidewalks and immediately destroying it. A federal appeals court upheld a preliminary injunction against these practices granted by the trial court.

The injunction required that unabandoned personal property seized could not be destroyed without giving the owners a prior meaningful notice and opportunity to be heard. The homeless persons’ property was protected from unlawful seizure by the Fourth Amendment and could not be destroyed without complying with due process requirements.

What about animals, including pets? In Recchia v. Los Angeles Dept. of Animal Services, #13-57002, 889 F.3d 553 (9th Cir. 2018), a homeless man was living on the streets of Los Angeles, and caring for 20 birds when animal control officers showed up at his tent to investigate complaints about the animals. Officers found 18 pigeons, a crow, and a seagull in boxes and cages in his home on a sidewalk, all in various states of health. The city decided to seize all of the animals, giving the man 10 days to request a hearing to regain custody.

But before that deadline was up, a city veterinarian euthanized all the pigeons, claiming they could’ve been carrying pathogens without ever testing their blood. The man sued the city, and his case was dismissed by a trial court. But a federal appeals court revived some his claims, saying his constitutional rights might’ve been violated.

It upheld a grant of summary judgment on the Fourteenth Amendment due process claim against the officers and dismissal of the state law claims, but vacated the trial court’s grant of summary judgment on the Fourth Amendment claim challenging the seizure of the birds because there were genuine issues of material fact as to whether plaintiff’s healthy-looking birds posed any meaningful risk to the other birds or humans at the time they were seized.

It further instructed the trial court to consider whether the officers were entitled to qualified immunity because any constitutional violation was not clearly established at the time it was committed.

Feeding the Homeless

A number of municipalities have taken actions designed to limit the public feeding of homeless persons on public property by charitable groups. In First Vagabonds Church of God v. City of Orlando, #08-16788, 638 F.3d 756 (11th Cir. 2011), a federal appeals court upheld the constitutionality of a municipal ordinance that limits the number of feedings of large groups that any person or organization can sponsor in parks within a two-mile radius of City Hall.

The court rejected the argument of an organization calling itself “Food Not Bombs” that it had a First Amendment right to feed large groups of homeless people in any park as often as it likes. The court found that the ordinance was a reasonable time, place, and manner regulation, assuming, for purposes of argument, without deciding, that such feedings were expressive activity.

Use of Force

The use of force, deadly and otherwise, by the police against homeless persons has led to a number of lawsuits. In Tchayou v. City of Los Angeles, #CV16-06073, (May 10, 2018, U.S. Dist Court, C.D. Calif.), the city of Los Angeles, California on May 10, 2018, reached a $1.9 million settlement with the plaintiff family in a federal lawsuit brought over the police shooting and killing of a homeless man. The shooting took place in 2015 and was viewed online by many in a YouTube video.

A jury in the federal lawsuit, just before the settlement, found that two officers were liable for the death of the 43-year-old decedent, Charley “Africa” Keunang. The jury found that the shooting officer used excessive force and that his supervising sergeant was also liable for failing to intervene. A third officer present was found not liable. The decedent was shot as he “scuffled” with the officers as they responded to a report of an attempted robbery outside of a rescue mission. The county district attorney’s office declined to charge the three officers, and in a 2016 report stated that they were justified in using lethal force because the homeless man had nearly gotten hold of an officer’s holstered gun as they fought. The decedent reportedly had a history of violent, erratic behavior, and had served time in prison for bank robbery.

See also Williams v. DeKalb County, #07-14367, 327 Fed. Appx. 156,2009 U.S. App. Lexis 9839 (Unpub. 11th Cir.), in which a homeless arrestee claimed that he was picked up by an officer for loitering, and then taken to a wooden area where the officer beat and stabbed him. A federal appeals court ruled that a claim by the arrestee that the county was liable for his injuries because it has an unwritten policy that homeless people should be relocated to other counties should have survived summary judgment because evidence was presented of five officers who allegedly knew of the policy.

Additionally, there was expert testimony that such a policy made violations of the rights of homeless persons foreseeable. A claim against the county for negligent hiring of the officer was rejected because the only violent act in the officer’s record was the shooting of a home invader. The appeals court also rejected a claim against the county for inadequate training or supervision.

There was evidence that revealed that the county investigated reports concerning the officer’s handling of arrests, provided the officer with counseling and retraining, and subjected him to discipline, which did not show “deliberate indifference” to a known problem.

Liability for Crimes by the Homeless?

What about potential liability for crimes committed by homeless persons? Ordinarily, under federal civil rights law, there is no liability on the part of police or other governmental actors for failure to prevent private violence by third parties.

Rare exceptions may be found where there is a “state created danger,” when arguably the government’s actions enhanced the danger to the injured party, or in which a “special relationship” was created imposing a duty to project, such as when explicit promises of assistance are made in a manner that is relied on and which may encourage those who receive such promises of assistance to stop seeking other assistance.

In Doe v City of New York, 2008-09461, 67 A.D.3d 8542009 N.Y. App. Div. Lexis 8419 (2nd Dept.), a woman sued a transit authority and railroad, seeking damages for an attack she suffered on their property when she was attacked by a group of homeless men living there. The basis of her complaint was the failure of the defendants to remove the homeless encampment from the property, and the alleged failure to consider safety problems that could arise from their “homeless outreach” program.

Rejecting liability, an intermediate New York appellate court found that the defendants made a discretionary governmental policy decision in enacting a “social outreach” program rather than using force to oust the homeless group from the premises. As a result, there could be no liability under state law for the allegedly resulting attack.

See also Alava v. City of New York, #3807, 103339/04, 54 A.D.3d 565, 2008 N.Y. App. Div. Lexis 6546 (A.D. 1st Dept.), in which an employee working for a private company providing data entry services for a city department of homeless services was allegedly assaulted by a person she was registering for services as a prospective client of a homeless shelter.

She sued the city, but an intermediate New York appeals court ruled that the city was entitled to summary judgment because it had not assumed any special duty to protect the employee, nor had the plaintiff shown that she had reasonably relied on any direct promise to provide her with such protection. While security officers who were usually outside the intake office were not present on the day of the incident, there was no evidence that they were ever in the intake office with the employee.

Resources

The following are some useful resources related to the subject of this article.

City of San Diego Homeless Outreach

City of Wichita Homeless Outreach

Fort Lauderdale Police Department Policy on Homeless Persons.

HOMELESS OUTREACH TEAM: ANOTHER WAY TO FIGHT CRIME Houston Police Department, Houston, Texas

Homeless Persons. AELE Civil Case

Homelessness: Litigation and Policy: Civil Rights Claims, University of Missouri School of Law. (online bibliography).

Los Angeles Police Department Homeless Outreach and Proactive Engagement Team Special Study.

Opposing the Criminalization of Homelessness; Building a Human Rights Network (Listing of Law Review articles and other publications).

Police Department Homeless Outreach Programs.

Relevant Monthly Law Journal Articles

Police Interaction with Homeless Persons – Part I – Sleeping and Possessions, 2008 (7) AELE Mo. L.J.

Police Interaction with Homeless Persons – Part II – Panhandling and Use of Force, 2008 (9) AELE Mo. L.J. 101

References: (Chronological)

A Cruel and Unusual Way to Regulate the Homeless: Extending the Status Crimes Doctrine to Anti-Homeless Ordinance, by Hannah Kieschnick, Stanford Law Review, Vol 70 Issue 5, page 1569 (May 2018). (Abstract, with downloadable .pdf of full text).

New policing division focuses on homelessness, neighborhood issues, by Gary Warth, San Diego Union Tribune (March 13, 2018).

Almost No Choice. Homelessness and the Law, Harvard University Civil Rights Civil Liberties Law Review (Dec. 4, 2017).

Law Enforcement is a Critical Component of the Coordinated Effort to End Homelessness, Community Policing Dispatch (December 2015).

A Homeless Bill of Rights (Revolution) by Sara Rankin, Seattle School of Law Digital Commons Faculty Scholarship 45 Seton Hall Law Review 383 (2015).

Police role with homeless population: enforcers or helpers? by Marielle Segarra, WHYY (March 19, 2015)

Readers may download, store, print, copy or share this article, but it may not be republished for commercial purposes. Other web sites are welcome to link to this article.

The purpose of this publication is to provide short articles to acquaint the reader with selected case law on a Articles are typically six to ten pages long. Because of the brevity, the discussion cannot cover every aspect of a subject.

The law sometimes differs between federal circuits, between states, and sometimes between appellate districts in the same state. AELE Law Journal articles should not be considered as “legal ” Lawyers often disagree as to the meaning of a case or its application to a set of facts.

#Legal Updates

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