The first states in the U.S., where the use of cannabis for recreational purposes was legalized in 2012, are Colorado and Washington. Subsequently, Washington DC and nine other states also followed a similar trend.
In any case, a San Francisco immigration clinic that disperses warnings to Californian marijuana producers and dispensers, where individual use by grownups has been deemed legal since 2016, has a sign with the headline:
“Warning: If you are not a U.S. citizen, it may be legally dangerous for you to work in the marijuana industry.”
This sign reveals the latest federal regulations which declared that not only has cannabis been classified as a very harmful and strictly prohibited substance that is classified under U.S. law, it’s also poisonous for migrant workers.
As a result, immigrants face a high chance of deportation if they offer any service that produces marijuana, such as taking care of its crops or working as a secretary or accountant in a dispensary which will be regarded as a proof of bad moral behavior. This very act can deny them citizenship, work permit and the ability to stay in the country.
The U.S. Citizenship & Immigration service declared a policy alert that any candidate for citizenship who has engaged in any specific marijuana-related actions may be short of GMC if discovered to have broken federal regulations even if the actions are legalized by the federal or state law.
This guideline was released on the 19th of April yet it demonstrates a long-existing practice preceding this time.
GMC symbolizes “good moral character”, which is an essential legal prerequisite for individuals trying to get the United States green card work permit or citizenship. It normally depends on the criminal record of the candidate and it is usually employed to restrict foreigners who left the United States without any explanation, probably for a brief family holiday or visitation, from coming back to the country.
According to Federal Criminal Defense Pro, migrant workers in the Californian cannabis industry, captured by federal authorities in the United States should make sure to immediately employ the services of a professional federal criminal defense lawyer, in order to remain in the U.S. Protect yourself against possible deportation and look for the best lawyers who are knowledgeable in the United States federal criminal defense.
This law can also affect immigrants without a document and having deportation issues. Individuals who have resided 10 years and above in the United States can be excluded from deportation by demonstrating that their family members who had become citizens would be adversely affected, but this would have no effect if the individual does not possess “good moral character”.
According to the federal guidelines, a federal conviction or justice is not required as evidence of ineligibility for actions related to marijuana. Immigrants can rather be caught by their confessions to federal agents.
Zachary Nightingale, an immigration officer in San Francisco gave instances of a common interrogation of legal candidates in search of citizenship, where they would be asked, “Have you at any time consumed illegal drugs?” and they replied, “No, only marijuana”. Also, if they reply “yes” to possessing marijuana in the state, they would be ineligible automatically for five years.
Nightingale advised foreigners who are employed in the marijuana-related industry to look for and be employed in a new legitimate job for a minimum of five years before submitting an application for citizenship.
A professor of law at the University of San Francisco and a co-director at the immigration and Deportation Defense clinic of the school, Bill Hing stated that immigrants are unconsciously caught up in the middle and having a work permit or taking any legal job in California could be a trap set by federal authorities.
The U.S. Citizenship and Immigration services replied to an inquiry about the latest immigrant guidelines that the federal regulations do not acknowledge legalization of marijuana for whatever reason even if local or state regulation does.
A San Francisco nonprofit group known as the Immigrants Legal Resource Center, which is co-directed by Hing, provided the clinic with numerous warning signs which were delivered to several marijuana businesses
The Employment Development Department in the state also released its guidelines in February that foreigners employed in marijuana-related industry may face severe immigration implications which might include deportation.
The Immigrant Resource center also went as far as issuing an advisory notice to possible customers, informing them to steer clear of marijuana until they become a legal U.S. citizen.
This describes why it is important for immigrants to submit to the guidelines and the perception of the authorities towards their activities with marijuana.
The immigrant Resource center recommends staying away from possessing marijuana-related things such as health marijuana cards, stickers, or even T-shirts having marijuana inscriptions. It is also suggested that marijuana images and messages be deleted from mobile phones and social media platforms.
A professional attorney should be consulted initially by anyone who requires health-related marijuana or who is about to be questioned about the substance by the federal authorities.
However, this information indicates that the federal guideline was already established before its April 19th declaration.
A Santa Rosa lawyer, who deals with cannabis cases, Joe Rogoway stated in a report that probably the new administration had a more extreme position but this guideline had always been in place before now.
Joe Rogoway also declared that he had previously encountered clients who were penalized due to their involvement with marijuana. A few were given political asylum as a result of the political oppression in their country, but had to be deported when the warning to stay away from the marijuana industry were neglected. Other individuals were accused of illegal growth, according to the Californian law in early 2016, but were able to prevent problems with immigration by getting into plea arrangements that vindicated them in federal violations.
Nightingale stated that starting from the previous year, officers at the immigration office had begun to inquire if candidates requesting for citizenship had consumed illegal drugs. Nonetheless, the report with the question has been authorized to be employed in December 2016, a month before President Donald Trump assumed office.
Hing indicated that information about increased immigration charges is majorly originating from Washington and Colorado that initially authorized the use of cannabis for personal use. A resident of Colorado named Oswaldo Barrientos informed the Associated Press that he was disqualified from obtaining the U.S. Citizenship the previous year because he was employed with a state-authorized marijuana cultivator.
Barrientos, who was aged 30 and moved into the U.S. as a little boy from El Salvador received his green card when he was 13, described how surprised and unhappy he was and he never knew he would face this circumstance.
Even though the medicinal use of cannabis has been authorized in Florida since 2016, it is also experiencing this effect.
A lawyer in the state capital of Tallahassee named Elizabeth Ricci stated that several individuals have been calling and asking her if they should naturalize and she has always advised that due to the employment in the cannabis industry, they may not. Or they would not even be able to return if they went back home on a visit to their loved ones.
Ricci also stated that there is absurd segregation against migrant workers in the marijuana industry stating that there are people in the medical industry who are also exposed to similar substance but do not undergo the same inspection.
Ricci stated that they are aware of individuals who are employed at medical labs who manufacture opioids, which are not properly handled (according to federal regulations), yet individuals who work here legally and aspire to become citizens of U.S., are told “bad moral character”.
