By ALFONSO CHARDY
The Miami-Dade County attorney has ruled that a petition by federal immigration authorities to keep a foreign national in detention longer than local officials require is not an order, but merely a request.
“This detainer, or ‘hold request’ is no more than a request from the Department of Homeland Security that a detainee be held for up to 48 hours,” wrote County Attorney Robert A. Cuevas, Jr. in a July 15 memo to Miami-Dade Mayor Carlos Gimenez. “It is my conclusion that compliance with ICE detainer requests is voluntary and not mandated by federal law or regulations.”
It’s the first time since immigration “detainers” or holds became controversial in South Florida in 2010 that county authorities have issued specific guidelines to corrections officials about such requests.
MIAMI, July 2, 2013 /PRNewswire/ -- Lawyer Fernando F. Chavez of Chavez & De Leon, P.A., with Miami and San Jose offices—along with attorney Federico Castelan Sayre—won what is said to be the largest judgment in the history of the South BayCourt, known for its traditionally conservative judgments.
Nearly $58 million was awarded to Antonio Lopez Chaj, a Los Angeles immigrant who remains permanently brain damaged and physically deformed after being severely beaten by a security guard in a Los Angeles bar on April 19, 2010. His injuries were so grave that doctors removed a portion of his brain and skull. Mr. Lopez Chaj cannot speak, needs assistance to walk, eat and take care of himself and requires 24 hour a day help.
The jurors quickly confirmed the case for the plaintiff against DGSP Security and Patrol Services. The night of the attack, MrLopez Chaj and three relatives were involved in a fight in a Los Angeles bar. A security guard struck him in the head with a baton several times and pulled him outside the bar. He repeated to hit him in the head and slammed his head into the pavement multiple times.
The attorneys Chavez and Sayre requested and secured a judgment for nearly $58 million dollars—in economic and medical losses, future medical expenses, lost earnings in addition to pain and suffering.
John De Leon, managing shareholder of the firm, and Mr. Chavez retained the case to represent the family of Mr. Lopez Chaj. "Our law firm is dedicated to fighting for justice of immigrants in the United States and for protecting their civil rights," said Mr. De Leon. "This verdict for the injuries suffered by a then undocumented immigrant highlights that just juries are prepared to compensate injured parties, regardless of immigration status, fully. It is a great day for the American justice system."
Driven to combat racism and injustice,John De León legally empowers immigrants alongside Cesár Chavez’s son, Fernando Chávez
May 17, 1980, was a pivotal moment in US history, and one that set the stage for John De León’s successful career fighting for the rights of immigrants. On that day, four white Miami-Dade police officers that had allegedly killed African-American Arthur McDuffie during a traffic stop, were acquitted of manslaughter by an all-white jury after less than three hours of deliberation. Following the verdict, the black neighborhoods of Overtown and Liberty City witnessed a race riot so severe that Miami was declared a federal disaster area by the government.
“It was the first time I was confronted with the ugliness of racism in this country, and that was an eye-opening experience for a young Latino kid who had grown up in the Anglo community of North Miami,” recalls De León, who attended high school not far from where the riots broke out.
The most vexing issue the world has dealt with is how the German people allowed the machinery of the German government to turn into a killing machine before its very eyes. How did evil triumph among one of the most civilized groups of people to have emerged on the European continent? The reasons why are still murky, the lesson learned: Never again.
Over 200 years ago this experiment called the United States of America was forged on the battlefields of this continent when the colonists undertook battle against the most powerful empire in the world. The power of the lesson of that battle won ended up being not that of the military might of the founders but of the ideas that evolved. Finally, the power of a nation emanated from the people over the sovereign. The sovereign was subject to the will of the people. Thus, the idea of limited government was forged. The people were sovereign.
This experiment was powerful enough that millions have given their lives to protect the legacy of the founders to pass on to future generations. The blood of those who have given their lives consecrates that ongoing battle. The beauty of the ideas of Madison, Hamilton, Jefferson and others was so great that the ongoing battle of the republic has been to include all those who live in this country of “we the people.” Malcolm X, Harvey Milk, Susan B. Anthony, Harriet Tubman, Cesar Chavez, and countless others simply fought to allow those who live here to reside in a place where all individuals are full participants in this revolutionary experiment.
DES MOINES, Iowa - Days after they were badly hurt in a car accident, Jacinto Cruz and Jose Rodriguez-Saldana lay unconscious in an Iowa hospital while the American health care system weighed what to do with the two immigrants from Mexico.
The men had health insurance from jobs at one of the nation's largest pork producers. But neither had legal permission to live in the U.S., nor was it clear whether their insurance would pay for the long-term rehabilitation they needed.
So Iowa Methodist Medical Center in Des Moines took matters into its own hands: After consulting with the patients' families, it quietly loaded the two comatose men onto a private jet that flew them back to Mexico, effectively deporting them without consulting any court or federal agency.
When the men awoke, they were more than 1,800 miles away in a hospital in Veracruz, on the Mexican Gulf Coast.