Baton Rouge Legal Blog

Many people feel unsafe at some point in their lives. For some, the fear can be so substantial that they leave their home countries in search of asylum in the United States. Though they may hope to find a better situation than what they left behind, that safety is not always guaranteed.

It is common for people to end up in Louisiana and other states in efforts to escape the fear of persecution in their native countries. If they successfully reach the border, they are commonly detained by Border Patrol agents and taken to a holding facility for processing. They often remain in holding for varying lengths of time. Some parties are held for months, but some are released if there is not enough room in the processing facilities.

Like with most rules, there are exceptions to certain immigration-related issues. For instance, even if a person did not enter Louisiana or another part of the United States legally, he or she may not be detained in the event that the individual is participating in a lawsuit against an employer for work-related violations. Of course, even exceptions to U.S. immigration law rules can be ignored by officials.

It was recently reported that this type of scenario happened to an individual in another state. The 45-year-old Chinese national is currently involved in a lawsuit with his former employer over unpaid wages. The man claims that he is owed approximately $200,000. The man had gone to lunch with one of his attorneys after giving a deposition, and before entering the restaurant, the man was taken into custody by Immigration and Customs Enforcement.

Political atmospheres can easily become complicated. Lately, it seems as if there is much back-and-forth regarding immigration and asylum in the United States, and that trend only continues. As new policies are proposed, blocked, appealed, granted or blocked again, many people in Louisiana and across the country undoubtedly feel uneasy.

It was recently reported that a federal judge restored his block to a rule proposed by the current presidential administration. The order would prevent individuals from seeking asylum in the United States if they first lived or traveled through a third country before coming to the United States, namely individuals from Central America who must first travel through Mexico. The judge had initially blocked the order, but it was then allowed to apply to certain states. 

Many people want to take steps to help themselves out of difficult or even dangerous situations. In some cases, it can be extremely difficult to take those steps due to the circumstances, such as a victim of domestic violence being afraid to take action. When individuals are also immigrants in the United States, they may wonder whether certain courses of action, like applying for a U-visa, will actually help them.

Louisiana readers may be interested in one woman who likely feels that the U-visa program was not as helpful as she had hoped. According to reports, the woman had come to the United States from El Salvador and has lived in the country for 15 years. She was recently taken into custody by Immigration and Customs Enforcement officials, and she applied for a U-visa due to being a victim of domestic violence.