Monthly Archives: March 2017

H-1B Visa Restrictions Rattle Indian Businesses and Tech Companies

By Peek & Toland on March 31, 2017

The effects of likely H-1B visa restrictions in the United States are being felt in India which supplies the largest number of skilled overseas workers under the program.

News that legislation affecting H-1B visas was introduced into the House of Representatives led Indian IT stocks to fall in late January. In March, the U.S. government ended a program allowing H-1B visas to be expedited.

The bill would force firms which take on workers on H-1B visas to double the minimum salary to prevent U.S. workers being undercut to $100,000. An article in First Post stated Indian tech workers fear far fewer companies in the United States will seek skilled foreign workers if the bill becomes law.

Indian workers are alarmed by H1-B visa restrictions

H-1B visa restrictions alarm India

Rep. Darrell Issa, a Republican from California, introduced the bill that he said was intended to punish outsourcing companies.

Any company paying H-1B workers less than $100,000 would be required to show it couldn’t hire Americans for the same jobs.

There’s a similar requirement under existing law but the threshold is $60,000, a figure established in 1998 that exempts foreign workers with master’s degrees. Issa’s bill would remove that exemption.

Another bill introduced in the Senate would eliminate the lottery system for H-1B visas and give U.S. Citizenship and Immigration Services (USCIS) the task of setting up a “preference system” enabling foreign students educated in the U.S. to get priority on visas. This bill is also aimed at preventing companies using the visa system to “outsource” jobs, reported CNN.

The Trump Administration Considers H-1B Visa Restrictions

The Trump administration has also made clear its willingness to change the H-1B visa program in a way that’s likely to restrict it.

White House spokesman Sean Spicer told reporters Trump is considering changes to the scope of the program.

Potential H-1B visa restrictions have alarmed many companies including technology giants and the biotech industry.

A Bloomberg article made it clear companies of all sizes that sustain the $324 billion U.S. biotech industry are alarmed by the immigration clampdown.

These companies rely on the world’s best scientists as well as researchers.

A crackdown on H-1B visas for these workers may set back important research including cancer treatment, according to executives.

Trump’s immigration travel ban may also affect expertise from overseas in the biotech industry.  Hospitals and universities are also likely to be affected. The ban to restrict travel from seven predominantly Muslim countries was blocked by the courts in February. The Trump administration is reported to be working on a narrower ban.

If you are concerned about H-1B visa restrictions, it’s important to get your application ready.

On April 1, 2017, the U.S. Citizenship and Immigration Services (USCIS) will start accepting H1B cap-subject case filings for fiscal year 2018.

We can help you be ready for visa cap season. Call our Texas immigration lawyers at (512) 474-4445.

Posted in Immigration, Visas

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Poster Boy for Free Speech from Singapore Seeks Asylum in the United States

By Peek & Toland on March 30, 2017

People seeking asylum have often come from war-torn nations like Syria or Somalia where they are fleeing religious persecution or violence.

However, the case of Amos Yee, a teenage Singaporean blogger who calls himself the “poster boy for free speech,” may test the U.S asylum laws.

Yee was jailed twice in Singapore for blog posts that were critical of the country’s late founding leader Lee Kuan Yew and religion. He is detained in the United States while seeking political asylum.

Melissa Chen, an American-based Singaporean civil activist involved in Yee’s asylum attempt, told This Week in Asia the teenager was detained after landing at O’Hare Airport in Chicago on December 16.

Blogger is seeking asylum from Singapore

Blogger from Singapore seeks asylum

Yee entered the US with a tourist visa. He was detained after undergoing a secondary screening. He informed border control officers he was seeking asylum.

The New York Times reported Yee is set to make a plea to authorities that’s similar to the one that Donald Trump made during the election campaign, namely that political correctness is damaging his country.

At a time when Singapore was mourning the death of Lee Kuan Yew, the father of the modern nation, Yee was making videos criticizing him as a totalitarian. He also made disparaging comments about Jesus Christ and condemned Islam.

Yee’s videos were taken down by the authorities in Singapore. He was sentenced to a six-week jail term last September. He pleaded guilty to six charges of deliberately creating social media posts that denigrated Islam and Christianity. It was his second prison term in a year.

Civil rights groups say the actions highlight the stifling of human rights in Singapore.

Singaporean dissidents have sought asylum before in the west. Francis Seow, a former solicitor general who became deeply critical of the government, fled Singapore in 1988. He was successful in seeking asylum in the United States.

Asylum may be sought by those fleeing persecution in their own countries on the basis of race, religion, political views, social, national factors or membership of a persecuted group. The asylum office in Texas is based in Houston. See our resources on asylum here.

If you are seeking asylum, we can help you. Call our experienced Austin criminal defense lawyers at (512) 474-4445.

Posted in Immigration

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Four Key Criminal Justice Reforms in the Texas Legislature

By Peek & Toland on March 29, 2017

Texas’ politicians considered a number of key issues in the legislature this year including criminalizing abortion and a controversial ‘bathroom bill.’ The Texas Tribune highlighted four major criminal justice reforms that were up for discussion.

Major law and order reforms discussed included:

1 Raising the Age of Criminal Responsibility

The push to raise the age of criminal responsibility from 17 to 18 was a top issue for criminal justice advocates.

House Bill 676 proposed by State Rep. Gene Wu (D-Houston) was intended to raise the age of criminal responsibility.

Texas discusses criminal justice reforms

Texas has classified 17-year-olds who commit crimes as adults for almost a century. However, the pressure for a change grew over the last few years.

Backers of the measure say it will give hundreds of thousands of young people who committed a nonviolent offense a second chance.

Texas PTA President Lisa Holbrook said:

“At 18 you can be drafted in the military, you can buy a lottery ticket, you can vote, but at 17 you’re not able to do those things. Those are adult actions and adult decisions so why would we make an exception in that area when these are still teenagers?”

Opponents of the change point to the potential costs and question if the Texas juvenile system is ready for reform.

However, if Texas fails to make a change it could fall foul of the Prison Rape Elimination Act. This legislation prevents 17-year-old inmates from being within “sight or sound” of inmates 18 and older. Jails face massive bills to make renovations to put them in compliance with the law.

2 Increased Police Protection

Police are likely to end up with greater protection by the end of the legislative session under proposed criminal justice reforms.

The catalyst was the assassination of five police officers in Dallas last summer. The killings led to a call from Texas Gov. Greg Abbott for a strong message to be sent out that Texas will stand by the men and women in uniform.

Abbott gave his backing to a bill that would make an attack on a police officer a hate crime. Some lawmakers want the state to fund bulletproof vests capable of sustaining high-caliber rounds of ammunition.

There has also been a call for police to play a greater educational role in the classroom.

3 Increased Protection of Inmates in Jails

In January, Sen. Borris Miles, D-Houston, filed a bill to set up an independent ombudsman’s office for the Texas Department of Criminal Justice. The new bureau would concentrate on evaluating, investigating and securing the rights of offenders. At present, the ombudsman’s office does not conduct investigations.

Michele Deitch, a criminal justice expert, proposes an independent ombudsman to monitor county jails. She’s concerned about young people being mistreated in adult jails.

4 Sandra Bland Legislation

The case of Sandra Bland, the African American woman from Illinois who was arrested for a traffic infraction in Waller County and ended up dead in the county jail, sparked a reform movement.

The death, that was later ruled a suicide, led the Texas House County Affairs Committee to lay the groundwork for what is dubbed the Sandra Bland Act.

It would change what qualifies as an arrestable offense, how people are jailed and what happens to them, in particular when they are suffering from a mental illness.

Rep. Garnet Coleman D-Houston, is to file legislation in Bland’s name that would outlaw falsified jail documents, require medical staff to be on duty around the clock in jails and improve the jail intake screening program.

The proposed criminal justice reforms include measures to increase jail oversight. There are many problems inherent in Texas’ jails. You can read more about the importance of jail release here.

If you have been charged with a criminal offense in Austin, San Antonio, Bastrop or Laredo, please call our Texas criminal defense lawyers today at (512) 474-4445.

Posted in Criminal Defense

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Extreme Vetting Fears Lead to Upsurge in Calls To Texas Immigration Lawyers

By Peek & Toland on March 28, 2017

Under Donald Trump’s presidency, more immigrants fear “extreme vetting.” In turn, it has led to an increase in calls to immigration lawyers.

A report in the Washington Post noted the trend. The fear is not restricted to undocumented immigrants. Green card holders are desperately eyeing citizenship to allay their fears of deportation and permanent residents who are Muslims fear “extreme vetting.”

The concerns were apparent before the controversial immigration executive order in January that banned arrivals from seven predominantly Muslim countries for 60 days. Even green card holders from those countries faced extreme vetting.

The article also highlighted the case of a Hispanic couple in the Washington suburbs. One of them is in the country legally, the other is not. They are weighing up whether to apply for a provisional waiver. The undocumented spouse faces being stuck south of the border if the waiver request is denied.

immigration lawyers receive more calls over extreme vetting

the increase in extreme vetting led to more calls to immigration lawyers

The Post noted how immigration lawyers say they have seen a surge in consultations, contact from immigrants and clients since Trump’s success on Election Day. The success of the anti-immigration candidate has alarmed arrivals in the United States. Texas immigration lawyers experienced a similar trend.

Immigrants fear many of Trump’s policies, including:

  1. The plan to create a “deportation task force.”
  2. The “extreme vetting” of immigrants from Muslim countries.
  3. The prospect of the 90-day immigration bans from seven counties being extended.
  4. Beneficiaries of President Obama’s Deferred Action for Childhood Arrivals (DACA) program who fear their applications won’t be renewed.

The “extreme vetting policy” has parallels with the period after the terror attacks of Sept. 11, 2001, when Muslims came under intense scrutiny.

The Post spoke to Joung E. Lee, who chairs the D.C. chapter of the American Immigration Lawyers Association. Her group’s members saw a 20 to 25 percent increase in calls and requests for consultations since the Nov. 8 presidential election.

Texas Immigration Lawyers Can Help

An article in The Atlantic said some immigration lawyer have seen a ten-fold increase in calls since the election.

The lack of clarity in Trump’s immigration policies has not helped, leading to more uncertainty among immigrants. Trump threatened to deport millions of undocumented immigrants during the election campaign. More recently he said only undocumented immigrants with criminal records will be deported.

The Atlantic pointed out that Trump’s rhetoric about walls and religious bans has added to the anxiety felt by immigrants.

It’s sometimes forgotten that Obama was nicknamed the “deporter in chief.” He removed more than 2 million immigrants, more than all of the 20th Century presidents combined.

However, deportations slowed in the last four years of Obama’s term and he introduced immigration reforms to allow millions of undocumented immigrants to work in the United States. The bulk of his immigration reform was stymied in a deadlock in the Supreme Court last year.

We are well aware of the anxiety felt by immigrant families in Texas. We can offer concrete help and reassurance to immigrant families. See our success stories here. Call us for a consultation at (512) 474-4445.

Posted in Immigration, Immigration Reform

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No Refusal Periods – More Than 230 Arrested for DWIs in Austin over the Holidays

By Peek & Toland on March 27, 2017

It’s no secret that police in Texas are tough on drunk drivers. Enforcement is even more zealous during so-called no refusal periods at times of the year when drivers are more likely to be consuming alcohol.

Over the holiday Austin police held a 17-day no refusal period, reported TWC News.

The police department enforced no refusal from 9 p.m. until 5 a.m. over the Christmas and New Year period. The station reported of 230 people who were arrested for DWIs, 39 had previous convictions and three had children in the car when they were pulled over.

Dozens of drivers who were stopped had a blood/alcohol content of over .15, including one person whose level was .319. In Texas, a blood/alcohol content of .08 is considered to be legal intoxication.

During no refusal DWI periods, it's easier to get blood tests

No refusal periods see blood tests speeded up

During no refusal periods, police departments in Austin and elsewhere use an expedited process to obtain blood search warrants to test anyone who refuses a breathalyzer test.

No refusal tactics are frequently used during holiday weekends throughout the year when drunk driving typically spikes.

The name of the campaign is somewhat misleading. Rather than meaning defendants don’t have a right to refuse a test, it means a refusal will not prevent a law enforcement officer getting a warrant to test your blood.

How No Refusal Speeds Up a Blood Draw after a DWI Arrest

If a defendant refuses to provide a breath or blood test during a no-refusal period, the process for obtaining a blood test is speeded up.

Usually, if an officer suspects you are driving drunk, you will be asked to take a field sobriety test or submit to a breath or a blood test. You can either agree or refuse. If you agree, you are given the test.  If you decline the tests, a search warrant must be obtained for the police to take a sample of your blood.

During no refusal periods, police are given additional resources to carry out blood tests. Typically, localities grant additional funding to boost their resources. For example, a magistrate might be available around the clock to sign affidavits for search warrants. Medical staff may be available to carry out blood tests.

Texas has an implied consent rule that means you are agreeing to a breath or blood test if you get behind the wheel of a car.

If you refuse to take a test, evidence of the refusal can be used against you in court and your license will be suspended for at least 180 days.

If an officer forces you to take a blood test you have rights. There have been cases in which drivers have been strong armed to take a blood test without a warrant.

An experienced Texas DWI defense lawyer can advise you of your rights and help you when arresting officers have acted in an improper or unlawful fashion.

Please call our Austin criminal defense team today at (512) 474-4445.

Posted in Criminal Defense, DWI

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Immigrant Harboring Measure to Come Before Courts in Texas

By Peek & Toland on March 24, 2017

An important case that threatens heavy sanctions for immigrant harboring in Texas has come under scrutiny in a federal court.

A report on NBC News noted how a national civil rights group for Latinos faced off with Texas officials when the 5th Circuit U.S. Court of Appeals in New Orleans heard oral arguments against controversial reform measures.

In 2015, the Texas legislature enacted HB 11. The legislation included an immigrant harboring provision. Individuals accused of harboring immigrants could be arrested and prosecuted for providing shelter or even renting a home to undocumented immigrants.

The courts prepare to look at immigrant harboring in Texas

Immigrant harboring is a key battleground in Texas

Texas Governor Greg Abbott signed an omnibus bill that contained sweeping enforcement measures against immigrants.

The Texas legislation does not directly target undocumented immigrants. However, it contains key provisions that can criminalize people who help immigrants.

The legislation singles out anyone who “encourages or induces a person to enter or remain” in the United States by shielding, harboring or concealing them.

As experienced Austin family immigration lawyers, we are concerned about the wide scope of this legislation. It has the ability to criminalize family members and creates a new classification of state felony offenses that did not exist previously.

Earlier this year, the 5th Circuit U.S. Court of Appeals heard oral arguments in this controversial case.

Immigrant Harboring Case Followed a Challenge by San Antonio Landlords

Last year, Mexican American Legal Defense Educational Fund (MALDEF) sued over the legislation. The civil rights group named Abbott along with members of the state Public Safety Commission and Public Safety Director Steve McCraw as respondents to the lawsuit.

MALDEF sued on behalf of two landlords who were in San Antonio and Farmers Branch. The landlords said it’s not their policy to ask tenants about their immigration status. They would not terminate their lease or evict the tenants even if they found they were undocumented immigrants.

Last April, a federal judge prevented Texas from enforcing the immigrant harboring provision as the MALDEF lawsuit proceeded. The state then appealed that ruling.

You can read more about this important case here on our website.

If you are concerned about a family immigration matter please contact us here. Our Austin immigration attorneys would welcome the opportunity to help you with your issue and to answer your questions. Call us at (512) 474-4445 for a consultation in English or Spanish.

Posted in Immigration, Immigration Reform

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Texas Standards on Intellectual Disability in Death Row Cases Are Questioned by Supreme Court

By Peek & Toland on March 23, 2017

For years Texas has had a different way of deciding how intellectual disability is defined than much of the rest of the country in death row cases.

That definition has come under critical scrutiny by the U.S. Supreme Court in a case concerning a death row inmate who is challenging his sentence.

At the end of last year, the U.S. Supreme Court considered the case of Bobby Moore. The inmate’s intellect is clearly an issue in the case but there is disagreement between the state and his defense team about whether his intellectual disability is significant enough to avoid capital punishment.

The New York Times reported on the deliberations of the high court. Scott A. Keller, the Texas solicitor general, said the key 2002 Supreme Court decision of Atkins v. Virginia bars the execution of people who are intellectually disabled but leaves it to the individual states to draw up their own standards about who qualifies.

Court questions Texas standard of intellectual disability

Texas standards of intellectual disability in death cases are questioned

Justice Anthony M. Kennedy said he feared such an interpretation allows states to screen out defendants and deny them relief.

Moore has languished on Texas’ death row since 1980. He was convicted of the fatal stabbing of a 72-year-old Houston supermarket clerk during a robbery.

His lawyers say there is no doubt that he suffers from an intellectual disability. At the age of 13, he was unable to understand the days of the week, the seasons, and the months of the year, they say.

They claim Texas’ standards of gauging intellectual disability are woefully outdated.

What Atkins v. Virginia Says About Intellectual Disability

In the 2002 case, the U.S. Supreme Court of Atkins v. Virginia set parameters on the execution of people with intellectual disabilities.

The justices stated.

“Those mentally retarded persons who meet the law’s requirements for criminal responsibility should be tried and punished when they commit crimes. Because of their disabilities in areas of reasoning, judgment, and control of their impulses, however, they do not act with the level of moral culpability that characterizes the most serious adult criminal conduct. Moreover, their impairments can jeopardize the reliability and fairness of capital proceedings against mentally retarded defendants.”

The Supreme Court appeared skeptical of the way Texas decides who must be spared the death penalty on account of intellectual disability, with several justices indicating that the state’s standards were either too strict or too arbitrary.

Texas executes more people than any other state. In the past, the state has ignored some very powerful arguments from defendants and their legal representatives. Over the last 12 months, the Texas Court of Criminal Appeals has halted a series of executions.

If you are charged with murder or capital murder in Texas, it’s vital to obtain experienced legal representation. Call our criminal defense lawyers today at (512) 474-4445.

Posted in Criminal Defense

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Study Finds Immigrant Workers Are Not Cheap Labor

By Peek & Toland on March 22, 2017

There is a commonly held perception that immigrant labor is cheap labor and immigrant workers are paid less than their American-born counterparts.

It’s a perception that’s not borne out by the statistics, according to an article in The Atlantic.

The article looked at one of the most talked about types of visas, the H-1B program that is used to bring skilled foreign workers to the United States.

The H-1B program was intended to help companies recruit workers with difficult-to-find skills.

immigrant workers are not cheap labor

Figures suggest immigrant workers are not cheap labor

It became an issue during the presidential election when critics claimed it allows employers to hire thousands of cheap IT workers to replace American workers.

Supporters say the H-1B program is necessary to meet a skills gap and bring in the best talent from around the world. It’s used to bring over thousands of workers from India.

The Atlantic article pointed out foreign students are more likely to have expertise in STEM fields than Americans and many of them have been studying for years at universities in the United States.

As we point out on our website, these temporary visas are in high demand and companies seeking workers more enter a visa lottery.

A recent study has questioned the perception that these workers represent cheap labor from overseas.

A study released in late 2016 by economists at the University of California, San Diego, and Dartmouth College found that the average foreign worker in science and technology jobs makes only slightly less than American-born workers from the outset, equating to about 94 cents on the dollar. After working in the United States for five years, the average foreign STEM worker makes more money than the average American – $1.04 for every dollar their American colleagues make.

There are a number of theories behind these statistics. Foreign workers may acquire more work experience in the United States and study more. Another explanation is that after obtaining a green card, immigrants can end up in better-paying jobs. There’s a big disparity compared to non-STEM fields. In these areas, it takes two decades for immigrant workers to achieve equal pay with their American counterparts.

Gordon Hanson, an economist at the University of California and the lead author of the report, said the study revealed no evidence that H-1B workers were undercutting their native counterparts.

If you are seeking a visa for a foreign worker,  our Texas immigration lawyers can help you. Contact us here for more information.

Posted in Immigration, Visas

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Texas School District Violated the Immigration and Nationality Act (INA) by Restricting Applications to Citizens

By Peek & Toland on March 21, 2017

Government agencies in Texas and Colorado were found to have violated the Immigration and Nationality Act by restricting job applications to U.S. citizens at a recent ruling.

In later 2016, the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) reached settlements that resolved claims that the Aldine, Texas Independent School District and the Denver Sheriff’s Department, violated the Immigration and Nationality Act (INA).

Stipulating that applicants must have been citizens, these departments violated anti-discrimination rules. Green card holders are not citizens but they are entitled to work in the United States.

Texas school district violated the Immigration and Nationality Act

Aldine School District breached the INA because it required non-U.S. citizens to present specific documents when they were re-verifying their employment eligibility after their original documents expired.

U.S. citizens were not required to go through the same set of hurdles. The INA’s anti-discrimination provision says employers cannot make specific demands related to documents that are based on the origin of workers or citizenship.

Under the terms of the settlement agreement, Aldine School District was hit with a $140,000 penalty.

It was also asked to revise its procedures and policies on the training of its human resources staff and to bring in a three-year program to train students and their parents about the INA’s provision against discrimination.

Sheriff’s Department Breached The Immigration and Nationality Act

The Denver Sheriff’s Department was found to have discriminated against non-citizens and fined $10,000 for hiring only citizens, Fox News reported.

An investigation found that from the start of 2015 until March 23, 2016, the department discriminated on the basis of citizenship status by requiring people who applied for deputy jobs to be U.S. citizens, in violation of the INA.

The INA’s anti-discrimination provision prevents employers from limiting jobs to U.S. citizens. There may be limited exceptions related to orders of government contract work. However, the Denver Sheriff’s Department did not benefit from an exception under the INA.

As well as paying a $10,000 fine, the sheriff’s department will have to identify applicants to deputy positions who may have been disqualified due to the citizenship requirement after Jan. 2015 and consider them again.

The department was instructed to train its human resources staff on the anti-discrimination provisions of the INA by attending an Office of Special Counsel webinar. The department was told to provide the OSC with completed I-9 forms of all new hires and all recruiting advertisements every six months for the next three years.

It will have to look again and revise any policies and procedures to comply with the INA’s provisions.

At Peek & Toland , we can help you attain citizenship. We are also conscious of when discrimination occurs against immigrants. If this occurs, you have rights.

Call our experienced citizenship immigration lawyers at (512) 474-4445.

Posted in Citizenship

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Stop and Frisk Changes May Figure in Trump Criminal Justice Reforms

By Peek & Toland on March 20, 2017

New president Donald Trump made some tough promises about stop and frisk laws on the campaign trail.

Now conservatives want him to make good his promises, U.S. News reports.

A coalition from the right of the political spectrum is urging Trump and his attorney general nominee Sen. Jeff Sessions to make criminal justice reform a top priority during his first 100 days in office.

U.S. Justice Action Network said it shares Trump’s emphasis on public safety. It said dangerous criminals must be jailed and addicts and people with mental illnesses dealt with via “treatment-based” programs.

stop and frisk comes under fire

Opponents of stop and frisk say more people from minorities are stopped

Timothy Head, executive director of the Faith and Freedom Coalition, who signed the letter, said his organization wants to advance criminal justice reform under the Trump administration.

Many conservative politicians anticipate action on stop and frisk.

During his campaign, Trump vowed he would be tough on crime, endorsing the use of controversial stop-and-frisk techniques. However, he appeared to qualify his comments, saying he was only referring to Chicago.

Trump paired his enthusiasm for “stop and frisk” with criticism of the Black Lives Matter movement along with a view that crime is out of control in minority areas of the inner cities.

What Is Stop and Frisk?

Policies of “stop and frisk” have been used in New York City for some time. However, black and Hispanic people were proportionally more likely to be stopped in the street than whites.

In 2013, Shira Scheindlin, a U.S. District Court judge in New York, ruled the city’s “stop and frisk” policy was in violation of the Fourteenth Amendment’s promise of equal protection because minorities were subjected to stops and searches at a higher rate than whites reported the Washington Post.

Stop and frisk means a police officer can stop a pedestrian if he or she has a “reasonable suspicion” that they committed a crime or is about to commit a felony or a misdemeanor.

The New York the Public Advocate’s office recorded 532,911 stops in 2012, down from 685,724 in 2011. The vast majority of those stops were of black or Hispanic people.

The policy has been challenged by activists. New York Civil Liberties Union stated stop-and-frisk practices raise serious concerns about racial profiling, privacy rights, and illegal stops and privacy rights. It stated:

“The Department’s own reports on its stop-and-frisk activity confirm what many people in communities of color across the city have long known: The police are stopping hundreds of thousands of law abiding New Yorkers every year, and the vast majority are black and Latino.”

As Austin criminal defense and immigration lawyers, we remain concerned about the notion of stop and frisk being extended given the implications of racial profiling and civil liberties.

Read more about our criminal defense practice here or call us at (512) 474-4445.

Posted in Criminal Defense, Drug Crimes

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