Immigrants in the Spotlight Again

July 17th, 2009 at 10:40pm Under Immigration Law

 

Jerry EricksonPublished: February 26, 2009

On Feb. 16, almost 200 people marched from Manassas Park to the Judicial Center in Manassas to bring attention to a case of alleged police brutality against a local immigrant and to Hispanic immigrant issues in general. 

The complaint that sparked the rally was made by a 38-year-old Salvadoran immigrant, Agueda Dominguez. She claimed that a Manassas Park police officer beat her during a routine traffic stop on Feb. 2 because she refused to sign a ticket for having a broken headlight. Ms. Dominguez maintained that she is able to speak English, but she could not understand the officer’s request.

In addition to protesting the treatment of Ms. Dominquez, the marchers were protesting local government policies enacted in the past year that they claim are anti-immigrant. One of these regulations is the 287(g) program of the Immigration and Nationality Act, which allows local law enforcement to team up with Immigration and Customs Enforcement (ICE) to enforce federal immigration laws.  The 287 (g) program is aimed at deporting illegal immigrants who have broken other laws. Members of the mostly Hispanic marching group chanted for “Justice!” in a call-and-response format, first in Spanish and then in English. One protest marcher’s sign read: “Nadie es ilegal (No one is illegal).”

Although it may be unrelated directly, on the following day, Feb. 17, the Prince William Board of County Supervisors, via a “Staff Directive,” eliminated a new requirement that unincorporated business owners verify their immigration status in- person at county offices to apply for a Business, Professional and Occupational License. 

Now, instead of having to apply in person, these business owners will be able to check a box on their application certifying their lawful presence in the United States. 

Many critics had decried the county’s recent imposition of this regulation as an unnecessary government requirement intended to make members of the immigrant business community feel unwelcome in Prince William County.

The county’s sudden reversal of its requirement of in-person certification of legal presence for a business license may have been the result of community resistance to a perceived anti-immigrant measure.

Just as likely, the county may have changed their mind because they feared that the in-person application requirement was scaring away some applicants and their tax revenue.

At the heart of the Prince William County and Manassas debate on immigration is the economy. Factions on both sides of the issues claim that immigration in recent years has had a serious effect on the local economy.

Prince William Board of County Supervisors Chairman Corey A. Stewart had predicted that the current weakened state of the economy would prevent the county from addressing the increasingly controversial proof of legal presence requirement. When quoted in the Washington Post recently, Chairman Stewart said, “I don’t think anyone is going to have the stomach to reopen this right in the middle of a tough budget cycle.” Contrary to his assessment, the county acted to eliminate the in-person requirement at issue the following week. 

Like Chairman Stewart, those in favor of tougher anti-illegal immigration measures often argue that by not better controlling our nation’s borders, the U.S. is allowing immigrants to take away the jobs of native-born Americans. They also often view increased immigration as a stress on our national and local benefit systems. 

Those advocates fighting for the rights of immigrants counter that immigration actually feeds economic growth and contributes to tax revenues. On Feb.11, New York Times Op-Ed columnist Thomas Friedman represented the viewpoint of those who contend that increased immigration will equal a healthier economy. He pointed to smart, diverse and energetic immigrants as the source of much American economic success and job creation in the past. He noted that in the last decade immigrants founded half of the Silicon Valley start-up companies. Friedman maintained that protectionist impulses only serve to stifle economic growth by shutting the borders to some of the world’s brightest entrepreneurial minds. He argued that our faltering economy must be stimulated “with green cards not just greenbacks, and with start-ups not just bailouts.” 

There’s no doubt that proponents on both sides of the question will continue to vigorously advocate their views, whether through legislation, editorials or protest marching. And, as the troubles of the economy continue to take center stage for all, it is certain that the issues surrounding immigration will continue to share the spotlight.

The above information is provided for informational purposes only.  The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys.  An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

 

 

 

 

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C. www.szelaw.com and the senior attorney in the firm’s Business Immigration Section. He has practiced law for over twenty years and represents clients in numerous complex areas of immigration law. He can be reached at jerickson@szelaw.com.

Jerry has been a partner with the firm since 1989. Prior to joining the firm, Jerry was selected for a Judicial Clerkship in 1984 to work for the Judges of the Circuit Court of Prince William County.

The Prince William County Bar Association has previously elected Jerry to serve as one of its members on the Judicial Selection Committee. He has also been selected to lecture on behalf of the Virginia State Bar on issues related to ethics and professionalism.

Jerry received his Bachelor’s Degree from George Mason University in 1981 and his Juris Doctor from George Mason School of Law in 1984. He has been a member of the Virginia State Bar Association since 1984 and is a member of the American Immigration Lawyers Association, the International Business Committee and the Virginia State Bar International Practice Section. He is admitted to practice in the U. S. District Courts and the U.S. Court of Appeals for the Fourth Circuit as well as the U.S. Supreme Court.

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Sources of Hindu Law

July 13th, 2009 at 08:57am Under Criminal Law

SOURCES OF HINDU LAW

    India is a huge country not only in terms of its geography but also its population, which has various religions, customs and practices. However, India has two main personal laws i.e. Hindu law and Muslim Law. Before moving ahead, I would like to define the Law – ‘Law is a large body of rules and regulations based mainly on general principles of justice.’

      Hindu Law is a personal Law (Law of Marriage, Divorce, Adoption, inheritance etc) evolved through long period of time from many sources (mentioned below) by Hindu religious community of India. Therefore, I love to call it ‘Sedimentary Law’ because Laws from various sources Sedimented and consolidated into Hindu Law. The important sources of Hindu Law are:

     1)  Ancient Source

     2)  Modern Source

          Ancient source is the main source of Hindu Law, which further subdivided into viz –

a) Sruti: the literal meaning is – ‘what was heard’, and it is originated from Vedas i.e. Rig, Yajur, Sama, and Atharva Vedas. Basically, it is praise in the forms of hymns of the earliest Hindu tradition which deals – types of marriage, adoption, partition etc.

b) Smriti: literally means – ‘what is remembered.’ It is also known as ‘Dharma Sutras’ and available in the prose from. The important Smritis are ‘Manu Smriti, Yagnavalkya Smriti, Narada Smriti etc and, it deals the civil and criminal law, procedural law, marriage Law etc.

c) Commentaries: the discrepancy between above two gives rise a third one i.e. ‘Commentaries, which later on beget two schools i.e. Mitakshara (Vijyaneshwara school) and Dayabhaga (Jimuthvahana school) associated with particular areas.

d) Customs: it is a set of rules and norms, practice by particular society for a long period of time. However, ‘customs arise whenever a few human beings come together as no association of human beings can exit permanently without adopting consciously or unconsciously, some definite rules governing reciprocal rights and obligations’ (Vinogradoff, Collected Papers). “Indeed custom is coeval with the very birth of the community itself.” (Jurisprudences).

      Modern Source refers to the rules and regulations established through legislation by educated and intellectual people. These laws almost codified laws such as –

a) Hindu Marriage Act (1955),

b) Hindu Succession Act (1956),

c) Hindu Minority and Guardianship Act (1956) and

d) Hindu Adoptions and Maintenance Act (1956)

After independence (15 August 1947), India constituted its own Constitution, where India defines itself as a secular country, like this given space to flourish all religions with its own customs and laws. Therefore, the Indian Legal System is a Common Law-cum-Civil Law. Apparently, Hindu Law is a personal law and applicable to person and family relations only.

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