Brad Show Live

Brad Show Live An immigration and legal advice show hosted by Brad Bernstein, Super Lawyer and Managing Partner of The Law Offices of Spar & Bernstein, P.C.
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10/09/2026

ICE says New York City's sanctuary policies contributed to this shooting. But that doesn't answer whether the shooting was constitutional. Federal officials say Oscar Belgal was targeted during an immigration operation and have cited information allegedly connecting him to an earlier investigation involving the shooting of an off-duty federal officer. But what was the actual legal basis for Belgal's arrest? A civil immigration arrest, a federal criminal warrant, or both? Homeland Security Secretary Markwayne Mullin argues that greater cooperation with ICE could have prevented the need for a street arrest. Even if that argument were established, it would not automatically justify the force used during the operation. In Barnes v. Felix (2025), the Supreme Court held that excessive-force analysis must consider the totality of relevant circumstances, including events preceding a shooting. That means the officers' approach, their vehicle containment tactics, and the perceived threat all deserve examination. The authority to arrest someone is not an unlimited authority to use deadly force. What would the ICE bodycam footage need to show to establish that the shooting was justified?

10/09/2026

If someone approaches your car with a gun drawn, how do you know they're ICE and not an armed criminal? That's one of the unanswered questions surrounding the shooting of Oscar Belgal. Federal agents approached his vehicle in plain clothes. Did they announce their identity? Were their badges visible? Could Belgal reasonably understand that he was being confronted by law enforcement? Federal regulations require immigration officers to identify themselves as soon as practical and safe. But the scrutiny doesn't end there. An ICE supervisor photographed carrying an AR-15-style r***e had previously been involved in arrests that federal courts found unlawful. Questions also remain about whether agents complied with recently issued ICE vehicle enforcement guidance. And while Belgal has a prior criminal conviction and a pending drug charge, neither automatically establishes that deadly force was justified. The missing bodycam footage, training records, and details of the operation could help determine whether ICE followed its own rules. What evidence would establish that Belgal knew the armed individuals approaching his car were federal officers?

10/09/2026

Seven shots were fired. But did ICE's own tactics unnecessarily create the danger? A bullet hole in Oscar Belgal's windshield raises important questions about the position of the shooter, the movement of the vehicle, and whether a deadly threat continued throughout the gunfire. DHS claims Belgal struck federal vehicles and attempted to drive over an officer. But that account doesn't automatically establish that every tactical decision leading to the shooting was reasonable. ICE attempted to contain his vehicle in a residential neighborhood. His five-year-old son was inside, and federal officials acknowledged agents didn't know the child was there. Why did officers choose that approach? Did they conduct adequate surveillance? Could they have identified the passenger or used a safer arrest strategy? These questions matter even if an officer genuinely feared for their life at the moment shots were fired. Were these unavoidable circumstances, or did poor operational planning escalate the encounter?

10/09/2026

ICE fired seven shots at a vehicle with a five-year-old child in the back seat. But what happened before the shooting? On October 8, ICE agents shot Oscar Belgal in the neck during an attempted arrest in New York City. His young son escaped physical injury. According to NYPD Commissioner Jessica Tisch, surveillance footage shows plainclothes federal officers approaching Belgal's vehicle, including one with a gun already drawn. The vehicle moved forward and out of camera view. Then an ICE officer opened fire. DHS claims Belgal attempted to run over an officer, but the surveillance footage described by NYPD doesn't capture the actual shooting. Who fired? What threat did the officer face? And what happened in those critical moments outside the camera's view? An authorized arrest doesn't automatically make the use of deadly force justified.

10/08/2026

America educates some of the brightest minds in the world… so why are we making it harder for them to stay and build the next Google, Tesla, or SpaceX? 🇺🇸 The Trump administration's proposed $70,000 OPT fee, plus $30,000 for subsequent recommendations, could make hiring international graduates significantly more expensive. Trump once promised green cards to foreign college graduates because he understood what happens when talented people leave America: they build businesses and create jobs somewhere else. Now U.S. companies face rising costs, immigration investigations, and uncertainty. Instead of hiring graduates here, they could move those jobs overseas. ⚠️ These OPT fees are still proposals, NOT current requirements. We're educating the world's talent, but who benefits if we push them away? How does sending American-trained talent to our competitors help build the U.S. economy?

10/07/2026

ICE is now asking detained immigrants whether they’ve ever voted illegally — and if they say yes, whether they voted by mail or in person. According to reporting, the question was added to ICE’s intake system in late August, with officers instructed starting October 1 to specifically ask how the person voted. Here’s my issue: if these answers are eventually used as evidence that widespread noncitizen voting exists, a confession from someone sitting in immigration detention cannot be the end of the investigation. It should be the beginning. Show the voter registration. Show the voting history. Show which election they allegedly voted in. Establish that they were not citizens at the time. And document exactly what they were told, promised, or led to believe before admitting anything. Research on interrogations has repeatedly found that tactics implying leniency can increase the risk of false confessions. Illegal voting does happen. DOJ just prosecuted a lawful permanent resident in Hawaii who admitted voting by mail in the 2024 election despite knowing she was not a citizen. Investigate those cases. Prosecute them when the evidence proves them. But if ICE eventually announces thousands of “admissions,” the unanswered question will matter just as much as the number: What independent evidence verifies each one?

10/06/2026

Applying for a green card? The public charge rules changed on September 18, 2026 — and benefits that previously fell outside the analysis may now receive much more scrutiny. Under the new rule, immigration officers have broader discretion to look at means-tested public benefits and your overall financial circumstances when deciding whether you’re likely to become a public charge. That does NOT mean receiving Medicaid, SNAP, housing assistance, or another benefit automatically gets your green card denied. Public charge is still evaluated based on the totality of your circumstances. Your filing date matters. Your immigration category matters. And some applicants — including certain refugees, asylees, VAWA self-petitioners, and U- and T-visa applicants — may be exempt from the public charge ground altogether. Most importantly: don’t cancel benefits based on a TikTok video. Have a qualified immigration attorney review exactly what benefit is involved, who receives it, when it was received, and how the new rule applies to your case. If you’re preparing to file, the bigger question is: what does your financial record show when USCIS looks at the entire picture?

10/05/2026

An ICE badge does not put an officer above the Constitution — and California just created a new way to hold individual federal officers accountable. On September 29, Gov. Gavin Newsom signed SB 747, the No Kings Act, giving people in California a state-law path to seek damages when government officials, including ICE or Border Patrol agents, violate their constitutional rights. That can include claims involving unlawful searches or seizures, unconstitutional arrests, excessive force, and other constitutional violations. And this protection isn’t limited to U.S. citizens. The law covers California citizens and other people within the state’s jurisdiction. Why does this matter? Federal Bivens actions have been significantly narrowed by the Supreme Court. California is now providing another potential legal remedy — including for qualifying incidents dating back to March 1, 2025. But winning is NOT automatic. You still have to prove the constitutional violation, defendants can raise immunity defenses, and a case filed in state court may potentially be moved to federal court. If you believe a federal officer violated your rights, preserve the evidence: videos, photos, witness information, medical records, and a detailed timeline — then speak with a qualified attorney promptly.

10/04/2026

Pending asylum does NOT mean ICE can’t arrest you. Filing for asylum does not automatically give you lawful immigration status or prevent ICE from placing you in removal proceedings. But an ICE arrest also doesn’t mean you’re automatically being deported. If you’re placed in removal proceedings, you may be able to pursue asylum—and potentially withholding of removal or Convention Against Torture protection—before an immigration judge. And if you’re detained, there may be a second fight happening at the same time: whether you can fight your immigration case from outside detention. Bond eligibility has become extremely complicated and can depend on how you entered the U.S., your immigration history, the detention authority being used, and where your case is located. Bottom line: pending asylum is not a shield against ICE. If you’re detained, get qualified immigration counsel involved immediately.

10/03/2026

Your TPS ended, but your asylum case is still pending. Are you undocumented? If you don’t have another lawful immigration status, a pending asylum application generally does not give you lawful status by itself. But lawful status and unlawful presence are different. A bona fide pending asylum application can generally stop unlawful presence from accruing for the 3- and 10-year bars, and you may also qualify for a work permit after the required waiting period. But a work permit is not immigration status. And pending asylum does not necessarily stop the government from placing you in removal proceedings. So the key point is simple: pending asylum may give you a case to fight and potentially a work permit—but by itself, it does not give you lawful immigration status.

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