The immigrant and a simple traffic violation

Two weeks ago, a fellow reached out to me, seeking my legal services to represent his son in a town traffic court. His son had been stopped by local law enforcement for purportedly exceeding the speed limit and was subsequently issued a ticket. He is expected to appear before the town judge in approximately one month.

This may seem like a minor driving infraction, but one might wonder why it necessitates a lawyer and court settlement. In the US, traffic violations are presented in local town or city courts, similar to other legal proceedings, involving the town attorney and the respondent, who may have legal representation if desired. Some jurisdictions permit plea by mail, eliminating the need for a court appearance unless the case is serious. However, generally, even minor offenses such as speeding are subject to court proceedings, unlike in the Philippines where such matters are administratively resolved at the local LTO branch.

It's important to recognize that a traffic violation constitutes an interaction with law enforcement, whether it's with a local police officer, county sheriff, or state trooper. Such an encounter is particularly significant for immigrants who may be in the US without authorization. In certain states, law enforcement officers have the authority to refer undocumented immigrants to Immigration and Customs Enforcement (ICE), potentially triggering deportation proceedings. These proceedings are not based on the traffic violation itself, but rather on the individual's unauthorized presence in the US. Thus, the traffic violation serves merely as a catalyst for further investigation into the immigrant's legal status.

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Recent news has reported that parts of the US have suffered severe damage due to Hurricane Helene, with devastation reaching catastrophic levels. The death toll has surpassed 200, and many are still missing. Some regions remain flooded, and certain communities have become isolated. Reports indicate a lack of essential supplies such as food and water, even as local, state, and federal governments persist with relief efforts.

Unanticipated events, including natural disasters (like hurricanes, wildfires, and severe weather), national crises (such as public health emergencies), serious illnesses (COVID-19 included), or international conflicts, may impact the processing of USCIS applications, petitions, or immigration requests.

USCIS may consider the following actions on a case-to-case basis upon request if you have been impacted by an unexpected event.

Assistance can be requested by contacting the USCIS Contact Center at 800-375-5283. For individuals with disabilities, the TTY number is 800-767-1833, and the VRS number is 877-709-5797. To request an expedited process via the Contact Center, you must have previously filed a benefit request and possess a receipt number.

When seeking assistance, it is crucial to detail how an unexpected event, whether domestic or international, necessitated the relief you are requesting. For instance, if you have lost all proof of your status or work authorization, provide a detailed explanation and attach a police report, insurance claim, or any other relevant document as evidence to substantiate your claim.

Within the United States, USCIS will implement flexibilities as deemed appropriate for individuals impacted by natural disasters residing in areas designated by FEMA as disaster zones eligible for public assistance. When seeking assistance, it is necessary to provide proof of residence in one of the impacted counties and explain how the disaster necessitates the relief sought. Additionally, USCIS may extend these flexibilities to those affected by urgent situations, regardless of FEMA's involvement.