Host Lou Casadia ( LaceLaw.com) welcomes Immigration Attorney, Derek DeCosmo to the NJ Criminal Podcast.
Full episode info: https://www.njcriminalpodcast.com/immigration-law-new-jersey/
This conversation digs into the complexities of U.S. immigration policy, tracing its historical roots from the 1980s to the present day.
The discussion highlights significant legislative changes, particularly post-9/11, and the evolving political landscape surrounding immigration.
The speakers address the current challenges faced by immigrants, including the asylum process and the backlog in immigration courts, while emphasizing the need for reform to better align immigration laws with economic and familial needs.
The speakers discuss the role of ICE, mandatory detention, and the intersection of state and federal immigration policies.
They also explore the challenges faced by individuals in detention and the potential reforms needed in immigration law to create a more equitable system.
takeaways
The 1986 Amnesty allowed many to become permanent residents.
Post-9/11 laws have largely remained unchanged.
The number of undocumented immigrants has significantly increased.
Immigrants contribute positively to the economy despite perceptions of crime.
The asylum process requires proof of persecution based on specific criteria.
The immigration court backlog has reached unprecedented levels.
Current immigration laws do not reflect economic needs.
Temporary Protected Status has been expanded under the Biden administration.
Political dynamics have turned immigration into a contentious issue.
Many immigrants seek to work temporarily and return home. Prosecutorial discretion has
historically influenced deportation cases.
Asylum seekers may face detention or be allowed to remain in the U.S. pending their application.
Mandatory detention laws can complicate the immigration process for many individuals.
Criminal charges can significantly impact a person's immigration status and options.
State policies can conflict with federal immigration enforcement, creating legal challenges.
The intersection of criminal and immigration law requires careful navigation by defense attorneys.
Certain low-level offenses can lead to severe immigration consequences, complicating legal defenses.
Immigration law often lacks clarity, especially regarding crimes involving moral turpitude.
Reforms are needed to create pathways for undocumented individuals seeking legal status.
The perception of a crisis in immigration can hinder political solutions and reforms.
titles
Navigating U.S. Immigration: A Historical Perspective
The Impact of 9/11 on Immigration Laws
Current Challenges in U.S. Immigration Policy
Understanding Immigration Processes in 2025
The Asylum Process: Myths and Realities
Navigating the Complexities of Immigration Law
Sound Bites
"The laws kind of remain the same since 9/11."
"Immigrants are committing a lower level of crimes."
"Most people want to just come here, work and go home."
"The asylum process is a complex legal standard."
"You have to prove a well-founded fear of persecution."
"You can be deported without seeing a judge."
"They could do it and they did do it."
"You don't have unlimited resources."
"The judge has no authority to release this person."
"ICE is going to come get you."
"We don't know if you admitted."
"You have to control the number of people coming in."
"The lines for immigration are not expansive enough."
Chapters
00:00 Historical Context of U.S. Immigration Policy
05:31 The Evolution of Immigration Laws Post-9/11
10:31 Current Immigration Challenges and Political Dynamics
20:30 Navigating the Immigration Process in 2025
25:22 Understanding the Asylum Process
35:53 Understanding Deportation Processes
38:39 Asylum Seekers and Their Options
40:41 Mandatory Detention Explained
43:01 The Role of Criminal Charges in Immigration
45:07 State vs. Federal Immigration Policies
48:40 Challenges in Immigration Detention
52:21 Navigating Criminal and Immigration Law
54:38 Crimes and Their Impact on Immigration Status
01:01:41 Proposed Changes to Immigration Law