Kerry Bretz Advises Those Who Are Arrested to Seek the Legal Help of an Immigration Attorney

New York, New York — Over the summer, New York State relaxed its laws regarding marijuana possession. Although these laws decriminalized possession of the drug and provided an avenue to attack prior convictions of those who were caught with the drug, police can still make arrests for marijuana possession and, for immigrants, that may result in deportation or loss of status; even if their prior conviction has been expunged, immigration officials may hold that against them and use it as an excuse to remove them from the country. Kerry Bretz, Partner, Bretz & Coven, LLP, urges immigrants who may face removal as the result of a current or previous arrest for marijuana possession to contact an immigration law attorney immediately.

On July 28, Governor Andrew Cuomo signed into law two separate bills that decriminalized marijuana possession. It also expunged the records of those who were previously convicted of this offense. The law went into effect on August 28. Other parts of the law include reducing Class B misdemeanors to violations and allowing marijuana to be burned or displayed in public view.

Despite these changes, Mr. Bretz says, immigrants will continue to face punishment if they are in possession of marijuana. “Police can still make arrests and that can negatively impact one’s immigration status,” he says. “Even if an immigrant has a prior conviction expunged, ICE [Immigration and Customs Enforcement] can search the immigrant’s name and address in their databases and commence removal proceedings, which could result in deportation from the country.”

In an effort to protect immigrants from deportation, the governor included the One Day to Protect New Yorkers Act in the state budget this past April, which predated his signing of the marijuana possession decriminalization bills into law. The Act reduces the maximum sentence for Class A and other misdemeanors from 365 to 364 days. By making the sentence less than one year, it can help immigrants living in New York State avoid deportation in certain circumstances. Those who received a misdemeanor conviction on or after April 12 will not face removal, but they may be subject to arrest, detention and deportation if they have more than one conviction.

“In addition to seeking help from a criminal defense attorney in the event they are arrested, immigrants should speak to an immigration law attorney to avoid detention or removal,” Mr. Bretz says. “The new laws are supposed to make it easier for immigrants to avoid deportation if they have a past or current marijuana possession conviction, but if ICE or BIA [Bureau of Immigration Affairs] recommends their removal, that is when immigrants should seek legal remedies to stay in the country.”

For more information, call (212) 267-2555 or visit www.bretzlaw.com.

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About Bretz & Coven, LLP

Bretz & Coven, LLP is an immigration law firm located in New York, New York and Clark, New Jersey. The firm serves clients in and around the tri-state area, including Brooklyn, Manhattan, Staten Island, the Bronx, Queens, as well as Kings County and Richmond County. Its team of dedicated attorneys is known for taking on cases that other lawyers turn down. Bretz & Coven assists individuals and their families understand the process of obtaining citizenship, New York residency or a green card and offer them a full range of options, including adjustment of status, asylum, available types of visas, waivers, removal defense, and special programs and treaties. The attorneys can also help immigrants avoid deportation. For more information, call (212) 267-2555 or visit www.bretzlaw.com.

New York, New York — With federal immigration officials commencing raids on residences this Sunday in an effort to find — and deport — any non-citizens living in the country, undocumented immigrants are fearful of being separated from their families and having to be removed from this country, even if they did nothing wrong. Kerry Bretz, Partner, Bretz & Coven, LLP, said that those who could face removal should seek the help of an immigration law attorney to allows them to stay in the United States.

Kerry Bretz

On July 11, after a two-week delay, President Donald J. Trump announced that Immigration and Customs Enforcement (ICE) officials will conduct these raids on the homes of non-citizens beginning on July 14. The raids will take place in 10 U.S. cities, including New York City. The president said that those undocumented immigrants who failed to show up for court appearances will face removal. This also includes those who do not have any criminal records.

“If you believe you or a loved one is facing deportation, you should seek the advice of an experienced immigration law attorney immediately,” Mr. Bretz said. “Being a non-citizen does not mean you do not have any rights. Remember: you do not have to answer the door, answer any questions or sign any papers. Rather, seek legal help first.”

For more information, call (212) 267-2555 or visit www.bretzlaw.com.

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* Photo of Mr. Bretz is attached. 

About Bretz & Coven, LLP

Bretz & Coven, LLP is an immigration law firm located in New York, New York and Clark, New Jersey. The firm serves clients in and around the tri-state area, including Brooklyn, Manhattan, Staten Island, the Bronx, Queens, as well as Kings County and Richmond County. Its team of dedicated attorneys is known for taking on cases that other lawyers turn down. Bretz & Coven assists individuals and their families understand the process of obtaining citizenship, New York residency or a green card and offer them a full range of options, including adjustment of status, asylum, available types of visas, waivers, removal defense, and special programs and treaties. The attorneys can also help immigrants avoid deportation. For more information, call (212) 267-2555 or visit www.bretzlaw.com.

New York, New York — As part of a new immigration plan, President Donald J. Trump announced that he would grant more visas to immigrants coming into the country who meet certain job skills or employment opportunities, while reducing the number of immigrants who come in because their family member currently lives in the United States. Kerry Bretz, Partner, Bretz & Coven, LLP, says the president’s proposal has nothing to do with bringing in job talent overseas, but with breaking up families.

On May 16, President Trump announced a new plan to bring in more immigrants who can contribute to the U.S. workforce, provided they can show proficiency in the English language, have a strong educational background and pass a civics exam. Meanwhile, fewer noncitizens who are seeking to enter the country because their family member lives here would be admitted.

Mr. Bretz says he sees ethnically diverse neighborhoods such as Jackson Heights, Queens, in which immigrants, who have come into the country as the result of family reunification, become part of the neighborhood’s economy. “The innuendo from President Trump is that those uneducated and unskilled family members do nothing for the economy, but it isn’t true,” he says. “There are tons of neighborhoods in the U.S., like Jackson Heights, that would have a poorly performing economy if it weren’t for these unskilled and uneducated family members.”

President Trump’s proposal would offer 60 percent of visas to those seeking work in the U.S. Currently, only 12 percent receive such visas. Mr. Bretz says there is legislation that already exists for noncitizens seeking work visas. “What he wants to do is end family reunification,” he says. “The employment-based portion of our laws can be improved upon, but it shouldn’t be at the expense of family petitions.”

For more information, call (212) 267-2555 or visit www.bretzlaw.com.