The buzz about the Arizona Immigration Law has everyone talking about Immigration Reform and immigrant rights.  To bring the issue a little closer to home – the Florida Department of Law Enforcement follows federal guidelines for the “Arrest & Detention of Foreign Nationals in the U.S.”

Under federal procedure upon making the arrest of a foreign-born person the officer is required to contact the arrestee’s country’s consulate. There is a list of 58 countries that require mandatory notification upon the arrest of a foreign-born person.  This list includes China, Philippines, Russia and United Kingdom. Federal procedure recommends officers contact the arrestee’s country’s consulate even if they are not on the mandatory list.  If the arrestee is not from a mandatory notification country it is suggested that upon arrest officers recite:

“As a non-U.S. citizen who is being arrested or detained, you are entitled to have us notify your country’s consular representatives here in the United States. A consular official from your country may be able to help you obtain legal counsel, and may contact your family and visit you in detention, among other things. If you want us to notify your country’s consular officials, you can request this notification now, or at any time in the future. After your consular officials are notified, they may call or visit you. Do you want us to notify your country’s consular officials?”

If a foreign national requests that their home country’s consulate be notified there is a list of countries that requires immediate notification upon the arrestee’s request.  A few of these countries include: France, Germany, Iran, Israel, Japan, Pakistan and South Korea.  It is important to note that Mexico is not on either the mandatory or the request list.

A common question is whether a person with Lawful Permanent Resident, or a green card, is still considered a foreign national under these procedures.  Yes, and these procedures are supposed to apply regardless of how long the green card holder has resided in the United States.

Now days it is more common for local law enforcement agencies to link their arrestee databases with ICE’s database.  When a foreign-born person, documented or undocumented, is arrested and booked into jail a copy of their fingerprints, name and identifying information are faxed to I.C.E. The information is then checked against ICE’s database.  If a match, or hit, is made then the inmate is placed on hold for up to 48 hours during which ICE comes and picks up the detainee.

Officers are not always required to notify foreign-born arrestee’s country’s consulate therefore it is important you be aware of your rights.

More information, including a full list of Mandatory Notification Countries and Jurisdictions can be found at http://travel.state.gov/law/consular/consular_737.html

Did you know you can track the status of your case online?  You can also sign up for alerts to be sent to your email or mobile phone.  Sign-up at https://egov.uscis.gov/cris/Dashboard.do

Be wary of people who say they can help you file your paperwork.  I have seen too many times serious errors on paperwork and heard stories from people who had their money taken and their paperwork not filed.  It is worth your time and money to speak to an Immigration Attorney, they are the ONLY professionals capable of assisting you. Notarios, Immigration Consultants, Visa Specialists, Immigration Specialists, Paralegals, and your friends are NOT licensed professionals.

Every person’s story is different and every person’s situation is unique.  Have your paperwork done the correct way the first time.  If you have concerns about fees many times not-for-profit organizations can provide low-cost or no-cost aid to people who qualify.

If you believe you have fallen victim to a Notario, Immigration Consultant or other unlicensed person practicing law please call:

The Florida Attorney General complaint line:  Toll-Free in Florida (866) 966-7226.

Outside Florida? Visit AILA InfoNet at www.aila.org/content/default.aspx?docid=26749 for specific information about who to contact in your state.

Ten years ago the United Nations created the Palermo Protocol, which set international standards towards combating the human trafficking epidemic. Human trafficking is slavery.  It is also the fastest growing criminal industry in the world; generating billions of dollars. It is second in illegal trading following drugs.

One hundred and sixteen countries have enacted legislation aimed to prohibit all forms of trafficking. The U.S. is one. The U.S. enacted the Trafficking Victims Protection Act as a means of combating human trafficking.  However, this year marks the first year that the U.S. ranked on the Human Trafficking list.  Human trafficking in the U.S. mainly takes the form of forced labor, debt bondage, and forced prostitution. Trafficked persons are commonly forced into labor involving domestic servitude, agriculture, manufacturing, janitorial services, hotel services, construction, health and elder care, hair and nail salons, and strip clubs. Human trafficking in the U.S. does not just involve foreign-born individuals; U.S. citizens are also victims.  Adult and children U.S. Citizens are most commonly victims of sex trafficking. Whereas foreign victims mostly fall victim to labor trafficking; including student visa holders who travel to the U.S. on promises of an education but upon arrival are sold into servitude.

I found it curious that the U.S. investigates and prosecutes sex trafficking more than labor trafficking despite labor trafficking making up the greater share of the two.  I wonder if there is a correlation between aiding Citizens over foreign nationals?  Or perhaps it is a critique on our society as a whole… that as a society we have a greater empathy for sexual victims rather than labor victims.  It is poses serious discussion questions as to our values as Americans.

Other food for thought :

Major Forms of Human Trafficking include:

*Forced Labor

*Sex Trafficking

*Bonded Labor

*Debt Bondage among Migrant Laborers

*Involuntary Domestic Servitude

*Forced Child Labor

*Child Soldiers, and

*Child Sex Trafficking.

Statistics in 2009:

*12.3 million Adults and children in forced labor, bonded labor, and forced prostitution around the world.

*49, 105 trafficking victims identified

*4,166 Successful trafficking prosecutions

Legislation alone is not enough to stop human trafficking, in order for the Trafficking Victims Protection Act to be effective it is imperative that members of society take the initiative to help identify victims and punish traffickers.

Common trafficking indicators:

Is the victim in possession of ID and travel documents; if not, who is?

Does the victim have control of his or her own money?

Is the victim under paid, or paid nothing at all?

Does the victim have a large debt they are unable to pay off?

Is the victim allowed to speak for him or herself or do they communicate through a translator?

Was the victim recruited for one purpose and forced to engage in another job?

Does the victim work long or unusual hours?

Is the victim kept under surveillance?

Does the victim have the freedom to move freely?

Can the victim freely contact friends or family?

Has the victim’s family been threatened with harm if they help the victim attempt escape?

Is the victim allowed to socialize or attend religious services?

Has the victim been harmed or deprived of food, water, sleep, medical care or other life necessity?

Does the victim appear to be malnutritioned, dehydrated, suffer from poor personal hygiene, show signs of abuse, or suffered from untreated medical problems?

Does the victim appear fearful, anxious, depressed, submissive, tense, nervous, or avoids eye contact?

Human trafficking in an offense to all civilized people.  To see how you can help eliminate human trafficking, visit Anti-Human Trafficking Resources at

http://www.dhs.gov/files/programs/gc_1265647798662.shtm#2,

Individuals Interested in Helping Combat Human Trafficking- Toolkit available at

http://www.humantrafficking.org/combat_trafficking,

and The Polaris Project at http://www.polarisproject.org/

More information regarding the 10^th Edition of Trafficking in Persons Report can be found at http://www.state.gov/documents/organization/142979.pdf

Haitian Temporary Protected Status (TPS) has been extended through January 18, 2011.

No longer do family members and attorneys have to grapple with ICE Officers to locate detained people. The Obama Administration has launched the “Online Detainee Locator System” to aid people in locating detainees in ICE custody.  Previously, once a person entered into the detention system it was difficult to locate them.  Often detainees are shuttled from detention center to detention center, sometimes in another state, and the only means by which they could be located was by talking to an ICE Officer directly.  Now once a person is transferred and booked into a new facility their new location will be updated in the system.  ICE states the database is updated as frequently as every 20 minutes to eight hours.

The locator system allows people to search by detainee’s Alien Registration Number (A-number) and country of birth, or by the detainee’s first and last name, country of birth, and date of birth.  When using the search detainee’s information must be typed exactly how it appears on the detainee’s detention record.

The search does not provide location information for everyone, for example the search cannot be used to find persons under the age of 18 or person released from ICE custody more than 60 days prior. Other reasons may include protecting national security.

Currently the system is available and English and Spanish with promises of more languages to follow.

For more information see http://www.ice.gov/locator.