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WBEN NewsRadio 930>Audio & Video on Demand>>Attorney Matthew Kolken on Immigration

Attorney Matthew Kolken on Immigration

Feb 3, 2013|

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Automatically Generated Transcript (may not be 100% accurate)

Time to talk politics it's hard line on news radio nine. Be here now here's W. And what a week it is tough politics especially if you look back at what happened on Tuesday. You had senators from both the democratic and Republican side -- house stand up -- and say guess what we've got to deal at least that's what they're calling it will get into that bit. We have a deal on immigration. We cannot continue this nation with a -- in -- -- people residing in the shadows and that Senator John McCain from earlier this week. They have put forth a plan and basically this is all kind of vague right now but there are at least four points that they put out there as talking points. Points that they say they've gotten agreement on. They want to path to citizenship for all of the undocumented or illegal that are out there they want some changes to illegal immigration. They want more employee verification. And they also want to try and change that the rules to let in more new workers. This hour we're gonna talk quite a bit about that if you'd like to join the conversation we'll have phone lines open 803 phone 930s the number. What does it mean both on the national scene but also locally we decided to bring in a local immigration attorney Matthew Colton is here from coal can -- and you might have seen them once or twice with the Sean Hannity or around the Revere he's talked on this topic on the national level. But he's also was done quite a bit of work obviously in his practice. On the local level so it's really a person who can give us the entire overview and he's with us for the entire hour to Meet the Press comes your -- twelve million. Matthew thanks for stopping by -- could make it it's nice to be here. I wanna -- in eventually to what the president has proposed prior and what the senators have have also put forth. But before we do that let's localize this because I don't think. Immigration locally really gets noticed much. May be sure down in Eden or up and a vineyards of Niagara county. They have an awareness of migrant workers they have may be an awareness of the undocumented is that are out there but by and large I'm not sure the local scene. If something were aware of so let's use that as the starting point. Well this is a huge public immigration we've it's that the ports of entries he sprayed rainbow -- rule pool rage. And that's not just tourists back and forth that's actual immigration ads actually immigration people are coming -- and he -- making every single time an individual comes the last they're applying for an Asian country. There's tremendous amount of business traffic that's coming across not just for for shopping but individuals that are presenting there the request the admitted for. Whenever lawful status that is that the request. Do we have undocumented or illegals around here while. Everyone. Every community as people without status. In it's complicated him and without. Use your words without getting -- want every single time Canadian comes to the United States and even as a visitor. When they're admitted even though they don't have any document in a passport that they need to present they're being admitted in a specific type status. Which differs certain requirements and they don't depart the United States when they're supposed to they're here illegally and in -- there's a determination mean they're not. An illegal alien Percy is an excellent it's not in the country or overstayed visa. But they're here in violation of US immigration laws and what happens. Well they can institute removal proceedings if there's a determination made that individuals violated terms of the status. -- we've got a very busy immigration court here as Wallace. Immigration court and team in New York which -- house in the in the federal attachments that are. We have two judges there and -- in both -- there in the process of hiring another series to be ones who's retired. But. The people here. I travel all over the country to -- some people for the immigration courts but the people in. Officer chief counsel of the government's lawyers as Wallace judgment -- read in Connolly. There's some of the best in the country. Mean this is that this is really -- -- immigration laws post practice what is a typical case though it's not as you said someone who snuck into the country now while the and there are many cases like actually I would say that probably the large percentage are individuals who either. Answer without inspection of the technical term -- alternatively. Overstate their stats overstayed I think I can picture how does the prior happened. You people sneak in under trucks what what's going on there well. The vast majority of the cases that icy especially involving migrant workers who aren't in the in the outer regions buffalo. A lot of them come through the southern border and make their way to in the north. Seriously people coming up from Mexico to work in. The vineyards of Niagara county here to work in the farms and -- in those industries would be able to exist without those people. And they are not coming obviously from the north these are Mexicans coming up from the southern United States aunts and it from South America -- while now how many are there. No way of knowing the estimate nationally is that there's eleven million people who were on documents and I don't know -- that figure okay. But you just said moments ago that the farms certain farms would not be able to do what they do without. That's what I'm told by the employers that sit down in front of me it's an employee -- -- valuable that they foreign can't work without dispersant use the form and he speaks both English and Spanish. I'm keep things operationally and he or she usually -- Has been employed. For a long period time and will to anything in their power. To make this personally. And most instances there's nothing -- can use the laws vary arch. What happens. Well there and -- which happens often maybe taken and counted means a Border Patrol guy or an -- and asked person sanction from your cards exactly -- a routine traffic stop could result in basically the disruption. The persons and their families and our lives. Okay and then they get sent to detention and usually deported. Well the processes. Is not necessarily quick. It depends on whether they have any adverse criminal history. Five someone's face criminal ground removal. -- released from -- either typically subject to something called mandatory detention how is it that these people are working because my understanding is that there's employer verification. When I hire someone I've got to. So that they've signed a paper that says they're there -- to work here. Well the verification others think it was the Cato Institute study panel called act findings by. What they were able to determine the verification systems. Error on reliable past. They're checking to make sure that the Social Security number that has been provided is matches. Someone -- states citizen. If it's made up number and it happens to match. Through a candidates so I could have I could provide my brother in -- number and it's a valid number instant and know once the wiser. And that happens quite often. -- and and conversely there's a lot of United States citizens who get false false negatives. Where they've actually provided their number it's come back to be. I'm on an awful number. And either required to be fired and there are a number of people -- don't know what these numbers are nationwide who have lost their employment figures because. It's called. But isn't there the paperwork don't I mean that any job I've had I I would call having to make a copy of my license. Having them verified that I am why am. While it's cold and I know nine employment verification done -- picture into another term again and. There's series of questions that are on and -- post provide two of three there's three list you're supposed to -- -- -- document from mistake. And and a document meaningless -- -- Lucy and if you provide to documents out of Apple's list. The players and by law required ask any additional questions then there's also -- -- stations -- program -- that your either. A lawful permanent resident in green -- old -- United States that a scenario otherwise have authorization work. And most people. Okay now here without authorization act. Yeah I understand. Now this is the time of year I've already seen some of the farms are beginning to advertise for workers. And you've mentioned earlier that that some of them are coming up from the southern border. Do they come up here and stay through the winter -- they go back down and come back up how does that work. I think it depends odds on on what the farms are from my understanding is that the farms have gone -- and probably -- their. From what I've been told from friends of mine who are on the enforcement side of things that these individuals were very very hard. Andy will have multiple families living in small. Small falling -- Please save every penny in a small dwelling somewhere here in Western Europe some wireless and. 8030930s. -- number we're talking about immigration. Matthew COLT can a series of Western New York immigration attorney with the firm called him and call can. Coming up after the break we're gonna delve into us some of the proposals that were put forth by the senate a little bit earlier this week. And mode that lets players take your calls along the way if you get mine right now we have a couple lines open 8030930. Talk to me about another part of a local scene and that is the refugees seen. We have a lot of folks coming in from Somalia. Specifically I'm Buffalo's west side. -- and I don't deal with a lot of those individuals as most of them or should work done before the states. Applied for refugee -- the department state. In an effort that's that's which. Equals to you last. And then after poll stats for years. So in a case where someone sees a lot of foreigners in a particular area. And they are these refugees. That's a completely different discussion. There illegal immigrants are here illegally in order to come here they need pretty much special permission with so many refugees allowed each year correctly. -- -- And why. Has this area become. A settlement region force Somali refugees. That's an excellent question. Answered. I think that there's opportunity here -- fine. Inexpensive housing -- support community here and this is legally. Immigrant communities. -- One personal or someplace and and there and other people go. Sun country tour. To the area where either relatives there or -- friend who. And -- and it grows and and that's not new in my -- tells the story about her are great grandfather whose brother was a scalp basically. Came to the area first and said OK yeah western new York and and it's been going on here forever there's. Very large Russian population in Buffalo, New York. My wife's family came over here in the early eighties late seventies and Kenya because I think it constant migrated to -- Rochester. Or or -- so in that regard it's the same old story that that everyone who logs on to Ancestry.Com. And of finding out exactly all right. How have things changed what is the biggest challenge to the system now that isn't necessarily. Like you were your parents or my grandparents whomever. Well the law changed in 1996. Bill Clinton signed lauded. We're dealing with. And the biggest changes. From 96 forward. He used to be a situation where an individual was coming in the country in the government and now own and it would have. The up to you have a specific priests. Proceeding removal proceedings and call removal was in in in -- ability type proceeding. And the eliminated they created a change in the law merging in and disability would -- portability into one. -- generic term called removal. And so basically it lets a separate those two for a second what is the difference between. In admissibility someone who shouldn't be here someone who's outside of the country that wants to continent and the government doesn't -- allow them and deep port ability is someone here -- made inside committed a crime. May have committed a crime as immigration consequences -- overstayed their visa. May have violated terms of their visa. It's okay. And those two are combined now into one big factor that says. Room we don't want you get out yet exactly it's called -- -- and then and they also created a summary removal process which allows them on the border. I'm one of the inspecting officers to make a summary determination you're not eligible to come into the country. Under two grounds that they believe that you lied to -- and you don't have the right documents and can argue for a period of five years and you had no right to an attorney you know right to appeal one. No real due process while. Sounds like it's tough for you always hear that immigration laws are are -- -- was just. Were around not sealing the borders -- that are not the laws are not lax laws are very. There -- up until. Law enforcement has been very vigorous for the last -- six years but it's never been more terrorists since I've been practicing. This is my sixteenth year since President Obama took office I've never seen. The amount of enforcement. We've seen here. It's that centrists and why is that the case some is is it is that a priority or is it just to de facto kind of thing. It's an excellent question because if you listen to the president's speech he says. All the right well that's kind of why am asking because he sounds as if when you hear him speak. Daddy's on the side I mean his speech earlier this week he's he sounds as if he's on the side of bringing more workers and let's play a quick cup of what what he said earlier this week. Yes they broke the rules. They crossed the border illegally. May be there overstayed their visas. -- of the facts. Nobody disputes. But these eleven million men and women. Are now here. Many of them have been here for years. And the overwhelming majority of these individuals are looking for any trouble. They're contributing members of the community. They're looking out for the families the looking out for their neighbors. And you could necessarily hear their Matthew but he was making the case for the fact that these people are contributing that they belong here. That's kind of at odds with the rhetoric. That that's rhetoric rather that's at odds with the idea that enforcement is up. Well. The the president is deported his -- his administration has deported to one point five million people in the first. Its first four years in office and I just saw statistic that says that. The said that I 2014. High fuel of deported more than -- million people which is more people and that. Period of time since he's been in office and cumulatively were deported. From the beginning of our country up until 1997. So. Then just to put it in proper perspective. He is on pace to deport. Almost double the amount of the entire monitor people than it -- -- through the eight years then. All the people there are deported up until before. Came in office -- -- on a -- if you'd like is he playing politics than by saying one thing and doing another it's my opinion he has really. Absolutely and what benefit is there for him to do that why is he doing that in your opinion because he needed the especially in 2008 need Hispanic electorate electorate in order to. -- -- office obviously the I think it was seventy or 80% Hispanic electorate. Came out for him he needs to save face. He did propose he he. It's it's it's an actual legal status this is called the deferred action for child -- arrivals this this technique -- hole -- That it took place right before the election and really only came in place because there -- time magazine article. That putting on his face and senator rubio is talking about proposed immigration reform and that's what I see from this president. When he gets bad press he tries to do something to make that -- oh okay this whole idea of criminal aliens and how President Obama has discussed that. Often what do you mean tell me more well he has in defense of his -- -- his record deportations he's claiming that. The vast majority of the people tease his words the east that are being important our criminal aliens. And the statistics -- -- -- out at all. Oh boy when he says criminal aliens he means. A guy picking grapes who happens have a traffic ticket. Can be criminal alien according to apparently -- definition of criminal but what is it that you who is he actually deporting how how do his words that match up with the actions well. According to the statistics that I've seen that were released it's really only just barely over 50% of all deportations from I believe from -- -- that involve people with criminal convictions according to their definition of criminal conviction. And if you break on those statistics it's probably. In even smaller percentage because individuals with minor traffic offenses are and potentially in a repeat violations of immigration are also being considered criminal. All right after the news break right to the phones it's hard -- on news radio 9:30 AM and one of seven point seven FM. Good morning this is they -- -- we are talking about immigration and specifically the proposals put forth by a team of democratic and Republican senators earlier this week on Tuesday. It's been awhile since we went to calls and I promise we'll run down the list of what's in that proposal. In just a bit but so let's let's not to break any rules here let's get right to the phones -- in Rochester you're here immigration attorney Matthew -- is here. Go ahead. Good morning government. I into bring myself up to speed and whatever. President Reagan -- -- screeners at Eagles. Citizens over night President Bush a lot of working at home. Agreement with. Immigrants who come here and work you know. There's losers agriculture low wages. We got to draw the line here all we know a couple that have been here for twenty years from Mexico. And their children we're here at every -- and a neighbor somebody that makes Adam Goldman. And he was arrested and deported back to Mexico after twenty years he never collected a -- a -- where he headed over illegal business. We tend to lose something can make it right or becomes Switzerland and just close the borders and I have any application. What are your thoughts -- why I agree and -- This is an additional laws we all agree that we all have to follow on we -- prepare taxes no one likes it we -- -- -- I've seen with immigration elements here should be on immigration and on and certainly on an advocate people sneaking in the states for -- stats. But like stand Rochester here it sounds as if there are some. Undocumented illegals what everyone -- column. That truly are contributing well. I think that the vast majority of them are contributing one way or another and and -- case by case basis you're looking at families that are potentially going to be destroyed if one of the parents is being deported and children who are being supported by this man or woman car. They a lot of these children are are going in Foster care but I don't wanna be doctrinaire here the word illegal has meaning these people are here illegally. What about the other side of the coin that says -- column other people follow the rules why don't that. Well. In most instances these people can't follow rules the law is so hard that they wouldn't be able to get here within any reasonable period time. Maybe there's no -- from them again a year all. Now that doesn't excuse them violating laws and sneaking in in the states I'm not an excuse that that's. You know both criminal and immigration violations all right John and Rochester -- it's your turn. They gave him. You know like banks are also statistics. That the Obama deportations. Are sort of well popped up in -- They were saying that they were using revolving door statistics down and Mexican border and somebody or other border areas so all. Same people getting turned away rested and and sent back. Same day and come back next week and using those kind of statistics neck and a pop star popped up the numbers. You know. This clinic at a XP office we had a killing two workers -- -- -- -- -- -- -- -- actually. All over the last year to -- illegal. Aliens in -- player. The law abiding citizens in this country are checked off that they had these Sanctuary Cities. This so looking the other way it's such a lot outrage out here outside your net. The American public is. -- take it anymore what is what are your thoughts. Well my thoughts are number number one in it's outrageous when anyone -- killed regardless of for the perpetrators. And my heart goes out to the families. And my -- my recollection is young girl that was there was some local you know opinions it's just it's just terrible. But secondarily. If we let's just talk about the round them up and deport them all gasping for saw our immigration courts tree now her. -- understaffed the already said we're about to add maybe another judge here in buffalo the volume Aztec break it. Well we always had two one retired and then -- -- was they're hiring freeze we have in place that for finally getting it a second judge but it would be right now. What after we lost the one judge in buffalo -- and only one judge. It used to be that you could get from a continuance another hearing date for six months now it's fourteen to sixteen months. And if you -- and another eleven million people into the deportation. Q. You'd better hire some more. Government lawyers. As well as immigration judges get from staff because. -- there is due process that these people are entitled but what about John's point that there is outrage out there. Well. It's hot button issue just like the Second Amendment gun right issues hot button issue and and it invokes emotional responses on both sides. And we say just -- the last two callers John points to the outrage and someone killed in Albion but stand right before him said you know like I know a guy who. Lived here are undocumented had his business really contributed -- is the middle ground if there is one and maybe that's why it's such a sticky issue. And there are good illegals from bad illegals can we say that. Well I think there are good people and bad people. And some of them happen to believe yes -- neither side of the fence yes okay. 8030930s. Are numbered Diane in buffalo it's your turn high. -- England. The computer illegally and you have of them. I'm not going to be on paying taxes would do because big that they now know well -- golf. While the law requires -- pay taxes so well. To do undocumented or illegal whoever won a com do they pay taxes well indirectly and directly pay their taxes -- -- seventh favor that it might now -- they can't get to pick vegetables. They probably make like minimum wage quote the minimum wage. It doesn't save -- money. And how can they do that they do they get back 3040 years and because I don't. Well. There's no retirement when -- when reference worker. And 3040 years this is backbreaking work I know when I was. College students and we before that idea -- spent Summers working manual labor and I know for a fact is that Allah and sentiment and a middle aged man. I know I wouldn't be able to be able to do now type in our field I couldn't do it I couldn't to -- more than it's hard enough for me to bend over and pick up my kids' level. At the same time other than the earlier caller stay in -- sister talked about a guy that had a business. Are we are we stereotyping to say it's all people bending over in the fields. Or is that the legitimate majority well. There isn't a very famous case with the last year Antonio Vargas please name is such that the journalist. Who was. Pulled -- -- prize award winning journalist who gets what he does have papers he is sent. Used the slang he is an illegal. I come in Western New York. Is it safe to say most of them are guys in fields picking veggies. And no way for me now and he. First of all. If you're walking on the -- can you can you pick out the illegal he. You know I mean there's no way of -- guys there's a lot of people here from Canada. That we have but the free trade agreement allows Canadians to come to the United States. The visa exempt into my effort he's the departments -- thinking in the carton. And applying for a mission support Porter. There's no way of knowing how many Canadians are here personally knowing. -- What you're what an individual's. Immigration status is so much you're seeing the document. I can think of one particular case where -- someone was hired as a researcher. And he and his wife and his family moved to Western New York. And they got divorced guess what. He's now separate from them there's sort of in limbo he's got a legitimate reason to be here because he's been hired by senator Russ Weller UB -- something like that. The rest of the family maybe not so. While that situation. If an individual comes here on its -- -- -- process has tempers status and have a spouse and children on opening them if that the husband and wife divorced while. That is just the relationship. From often immigration stamp when its walls -- standpoint and the children would still be entitled mean yours career. And -- the spouse had the X-Files now has an issue exactly. Kevin and Pendleton high. Yeah good morning gentlemen. You know calm in the problem here and I didn't both political parties is that -- -- the political football with the -- this Q&A problem this is just. Simply in pearl -- Oh boy this immigration and also the number over a different doors in this situation of immigration. We know -- as -- typical football circuit broke even when he came. That's in this seat up to be objective look to get a high percentage over especially Cuban Americans that we know. That the that the community would eventually be Republican Party right until now. When they're going to -- -- to some extent across this week. So there's also the issue we're beating a problem from this are completely different world this this you lug nut job imports almost. Is that we could end up just like our country didn't you up. We have and for example -- so blessed and -- sort of specific. Islamic feat especially. You have something separate loans. But we'll slowly into English your real goal and then Portland the most of this state so inconsistent through this more than forces the most. Obama represented on the more responsible reduces Q. That people look more like maybe video biggest -- to work at it and stuff like that. I'm -- can we lost it there but I I wanna pick up the point you made earlier this one that I -- Matthew here in studio or not has had on. This really is a political football both sides are. Are you losing it. Absolutely and I think ironically. The Republicans. Have more to gain from the issue going away with regards to a solution and the Democrats because right now the Republicans don't have the respect to support from the Hispanic community though that's correct and they are tired of being painted as -- Tina. I'm anti immigrant for that matter whereas the Democrats although I think there are great deal of them especially with the Hispanic caucus. Menendez and -- here etc. They -- they are our advocates for immigrants and really put all of their politically behind the issue but there are a lot of there are a lot of Democrats that I don't think. Necessarily want the issue to go away because they wanna continue to clean the Republican -- it helps them politically it absolutely does it helps them win elections. All right and let's start I think that was acknowledged in and the fact that we now have. Republicans and Democrats this this group of senators early this week that came out with pay a joint proposal for reform. Back to calls in just a minute but tell me about that package what you know about it what do you think about it is it merely. Another. Another case of it being a political football or does this may be have a chance to do something. While we don't have any details we have a broad brush stroke. Framework. So we don't have anything concrete -- really be able to. To discuss that being said what's more interesting is not what the -- system because we have the same basically the same parties in the senate that were previously working deal back in 2007 McCain Kennedy. What is more interest in effect then congressman Gutierrez of Illinois has put formed a coalition. In house which is the bipartisan coalition apparently Republicans are are are jumping on the bandwagon. And I believe that they're talking and introducing legislation or at least meeting. During the committee meeting that we confederate twelfth. If we can get immigration reform through the house it's gonna happen in. Getting something done in the senate means not. -- perfectly frank because. That's the same group of people that's always been voting the same way they've been voting I think that they're going to be able to get enough people to overcome the filibuster. In the -- To be able to get legislation passed. But the Republicans controlled house and there's a lot of people from a lot of districts that are not concerned with with legalizing immigrants real. Quickly and as were were were road. We got calls waiting and I apologize for that. What is percolating in the house what kind of reforms will we see we don't know yet but who tears that had endless Gutierrez is from Chicago he -- -- the forefront of the immigration reform would be for the last at least four -- and I think that's something positive -- Back to the calls after this immigration attorney Matthew Coke in his here it's hard line on news radio 9:30 AM and one of seven point seven FM. WB and local immigration attorney Matthew Culkin is here from our firm up coconut coconut. And of course coming up later today by the way at 4 o'clock yes WB and has the Super Bowl. Back to the phones Bob and Tom Wanda thanks waiting it's your turn. Are you there -- Yes sir how certain surgical I don't know why I've developed cancer. And we have no insurance that was essential security and I made 200 polished to -- Type called Medicare. Paid or talked to -- you all. And he says there's no way to require back eventually get to my wife was -- our legal guys should know it. What she did in many case it's it was a really good. I'm still ticked off about it because. If you was her legal. All the bills will be played. And yet you as a non illegal had trouble qualifying. We did you. -- that was 500000 dollars since I was -- recent spoke. We. We didn't have any insurance. Matthew are we paying Medicare for illegals and surely there. Sure Aaron and am not happy about it anymore than this gentleman and that's a state policy I would imagine cracked. I would assume but that's outside in my area of expertise I don't know exactly what the qualifications are all of ours ours is okay Brit -- I bet you can. You said you're not pleased with the either I -- you can see where. Where this makes immigration. Hot button issue for people absolutely does and news the immigration issues are reaching but one of the things that I can tell you definitively. You're not going to -- solve the problem by doing nothing. And something needs to be done to fix this problem whether it's providing some sort of any stopgap measure that includes -- -- sort temporary legal status. Which potentially ultimately. Provides pathway to permanently legalization and ultimately to citizenship. Or alternately. If you wanna Eagles and the two deportation round -- you wanna destroy families. And they better start hiring more judges for the sake of discussion when you say this problem. What is -- you mean why can't we just leave it -- What you don't want -- eleven billion people in in the shadows. It's not good because. It's they're violating the law. I don't want anyone filing all right -- in buffalo hi thanks for joining us. Yes I had like. Three couple. -- -- in mind. There were told to think just basically took ally of the country. And who iconic I have an -- they have a client in Vancouver. British Columbia. And I said here earlier this guy. He said yes he's the best architect and thank Cooper. And they were all these people were thrown out of the country. Well yeah or here without knowing the specifics of the case I can't really offer an opinion on the and the fact that. The laws incredibly harsh and in many instances. That the hole and I get to the back of the line arguments. It doesn't necessarily in practice cal practical. And then in -- practicality. How come into play because of the fact that. There may not be a lying again back off. If there's no way of doing it legally. It it it provides people with an insensitivity. And -- to your point sounds similar to one made by one of the earlier callers. This is not necessarily -- guys in the field picking vegetables that there are. Folks involved in all sorts of professions who suddenly because of the way this law will operate find themselves kicked out of the country. Well and especially -- consider how many foreign foreign students we have in this country that are getting degrees and I'm there in -- situation. You just. Invest in our schools. And and better themselves and obtain an education. And are needed in certain industries and there's been some instances no ways for them to remain in the country Matthew we are basically at a time limit in the closing fifteen seconds and here give me protection what happens next. I'm hopefully we'll have immigration reform within this this calendar year. Who knows what's gonna look like hopefully it'll provide a oh a legal mechanism for these people channels. All right and as it as that develops we'll have you back into -- even more thanks for coming on and Matthew -- can immigration attorney from the firm of -- can call them.

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