The current status of u s immigration policy
Download
1 / 60

The Current Status of U.S. Immigration Policy - PowerPoint PPT Presentation


  • 543 Views
  • Updated On :

The Current Status of U.S. Immigration Policy. Roger Rosenthal, JD Executive Director Migrant Legal Action Program Washington, DC Texas Association of Community Health Centers 27 th Annual Conference October 4, 2010 -- San Antonio, Texas.

Related searches for The Current Status of U.S. Immigration Policy

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'The Current Status of U.S. Immigration Policy' - LionelDale


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
The current status of u s immigration policy l.jpg

The Current Status of U.S. Immigration Policy

Roger Rosenthal, JDExecutive Director

Migrant Legal Action ProgramWashington, DC

Texas Association of Community Health Centers

27th Annual Conference

October 4, 2010 -- San Antonio, Texas




Slide4 l.jpg

1996 immigration law?


The illegal immigration reform and immigrant responsibility act of 1996 iiraira l.jpg
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA)…

  • Made it more difficult to enter the United States

  • Made it more difficult to gain legal status

  • Made it easier to get deported

  • Restricted access to some public benefit programs


The 1996 immigration law did not l.jpg
The 1996 Immigration Law Act of 1996 (IIRAIRA)…did not:

  • Make legal immigrants immediately deportable if they participate in federal or state funded programs.

  • Deny all legal immigrants access to federal, state, and local funded programs.

  • Deny undocumented children the right to receive a free public education.


True or false l.jpg
True or False? Act of 1996 (IIRAIRA)…

The Immigration and Naturalization Service (INS) continues to exist?


False l.jpg
False! Act of 1996 (IIRAIRA)…

When the U.S. Department of Homeland Security (DHS) was established, post 9/11/01, the functions of INS were placed at DHS.


Two bureaus were established to undertake some of the ins functions l.jpg
Two bureaus were established to undertake some of the INS functions

  • U.S. Citizenship and Immigration Services (USCIS)

  • U.S. Immigration and Customs Enforcement (ICE)


The a b cs of u s immigration l.jpg
The A, B, Cs of U.S. Immigration functions

  • What is an Immigrant?

    • An immigrant is a foreign-born individual who has been admitted to reside permanently in the United States as a Lawful Permanent Resident (LPR).


The a b cs of u s immigration11 l.jpg
The A, B, Cs of U.S. Immigration functions

  • What is an Undocumented Immigrant?

    • An undocumented immigrant is a person who is present in the U.S. without the permission of the U.S. government.

    • Undocumented immigrants enter the U.S. either

      • Illegally, without being inspected by an immigration officer or by using false documents

      • Legally, with a temporary visa, and then remain in the US beyond the expiration date of the visa.


The a b cs of u s immigration12 l.jpg
The A, B, Cs of U.S. Immigration functions

  • What is a refugee?

    • A person outside of the United States who seeks protection on the grounds that he or she fears persecution in his or her homeland is a refugee.


The a b cs of u s immigration13 l.jpg
The A, B, Cs of U.S. Immigration functions

  • To attain refugee status, the person must prove that he/she has a “well-founded fear of persecution” on the basis of at least one of five specifically-enumerated and internationally-recognized grounds.

    • Race

    • Religion

    • Membership in a social group

    • Political opinion

    • National origin


The a b cs of u s immigration14 l.jpg
The A, B, Cs of U.S. Immigration functions

  • A person who has already entered the U.S. and who fears persecution if sent back to his country may apply for asylum here.

  • Once granted asylum, the person is called an “asylee”.


The a b cs of u s immigration15 l.jpg
The A, B, Cs of U.S. Immigration functions

  • Like a refugee, an asylum applicant must also prove that he or she has a “well-founded fear of persecution” based on the same enumerated grounds.

  • Both refugees and asylees may apply to become LPRs after one year.


Slide16 l.jpg

Migrant ≠ immigrant functions

≠ undocumented


Slide17 l.jpg

There are two basic ways an individual can be sponsored for legal status (or be admitted to permanently reside in the U.S.):Employment-basedimmigrationFamily-sponsored immigration


Employer sponsorship l.jpg
Employer Sponsorship legal status (or be admitted to permanently reside in the U.S.):

  • Skills

  • Availability of Workers


Family sponsorship l.jpg
Family Sponsorship legal status (or be admitted to permanently reside in the U.S.):


The a b cs of u s immigration20 l.jpg
The A, B, Cs of U.S. Immigration legal status (or be admitted to permanently reside in the U.S.):

  • How do Immigrants Get Admitted to Permanently Reside Here?

    Through family-sponsored immigration, a U.S. citizen can sponsor his or her spouse, foreign-born parent (if the sponsor is over the age of 21), minor and adult children, and brothers and sisters. A lawful permanent resident can sponsor his or her spouse, minor children and adult unmarried children


Facts on family sponsored immigration l.jpg
Facts on Family-Sponsored Immigration legal status (or be admitted to permanently reside in the U.S.):

  • Family-Sponsored Immigration is how U.S. citizens and lawful permanent residents bring family members from other countries to live permanently in the U.S.

  • Citizens may only bring their spouses, unmarried children, parents (if the citizen is over 21 years), married children, and brothers and sisters (if the citizen is over 21 years).


Facts on family sponsored immigration22 l.jpg
Facts on Family-Sponsored Immigration legal status (or be admitted to permanently reside in the U.S.):

  • Lawful Permanent Residents (LPRs) may only bring their spouses and unmarried minor and adult children.

  • Neither citizens nor LPRs may bring in more distant family members, such as aunts, uncles and cousins.


Facts on family sponsored immigration23 l.jpg
Facts on Family-Sponsored Immigration legal status (or be admitted to permanently reside in the U.S.):

  • Our immigration system divides the family members eligible for sponsorship into 2 tiers.

    • “Immediate relatives” of U.S. citizens (excluding brothers and sisters, unmarried and married adult children) receive an unlimited number of visas each year.

    • All others fall into the “family preference system” which has an annual maximum limit of 226,000 visas issued per year.


Facts on family sponsored immigration immigration based on family relationships l.jpg
Facts on Family-Sponsored Immigration legal status (or be admitted to permanently reside in the U.S.):Immigration Based on Family Relationships


Facts on family sponsored immigration immigration based on family relationships25 l.jpg
Facts on Family-Sponsored Immigration legal status (or be admitted to permanently reside in the U.S.): Immigration Based on Family Relationships


Facts on family sponsored immigration immigration based on family relationships26 l.jpg
Facts on Family-Sponsored Immigration legal status (or be admitted to permanently reside in the U.S.): Immigration Based on Family Relationships


Facts on family sponsored immigration27 l.jpg
Facts on Family-Sponsored Immigration legal status (or be admitted to permanently reside in the U.S.):

  • Limits on Immigrants from One Country

    • In addition to the number of visas allocated to the different categories, U.S. law also limits the number of visas that may be issued to any one country in a year.

    • This “per-country ceiling” (about 25,600 visas) represents the total number of family preferences and employment-based visas that may be issued to nationals of a given country.


Facts on family sponsored immigration28 l.jpg
Facts on Family-Sponsored Immigration legal status (or be admitted to permanently reside in the U.S.):

  • Income Requirements

    • To begin the process, the citizen or LPR must file a petition with CIS, seeking an “immigrant visa” for the family member

    • All citizens or LPRs wishing to petition for a family member must also earn at least 125% of the federal poverty level and sign a legally enforceable affidavit of support promising to support the immigrant financially.


Facts on family sponsored immigration income requirements l.jpg
Facts on Family-Sponsored Immigration legal status (or be admitted to permanently reside in the U.S.):-Income Requirements

  • Petitioners are allowed to get another person to co-sign the affidavit of support on behalf of the immigrant to satisfy this financial requirement.

  • In this case the co-signer also assumes unlimited liability to support the immigrant.


Facts on family sponsored immigration income requirements30 l.jpg
Facts on Family-Sponsored Immigration legal status (or be admitted to permanently reside in the U.S.):-Income Requirements

  • While this requirement was added to the law in 1996 to ensure that immigrants will be provided for by family members and will not become a “public charge”: for some hardworking but low paid Americans, it closes off an opportunity to reunite with close family members.


The a b cs of u s immigration31 l.jpg
The A, B, Cs of U.S. Immigration legal status (or be admitted to permanently reside in the U.S.):

  • What are Non-Immigrants?

    • Non-immigrants are individuals who are permitted to enter the U.S. for a period of limited duration, and are given only temporary visas.

    • Some non-immigrant (temporary) visas are given to: students, tourists, temporary workers, business executives, and diplomats.


The a b cs of u s immigration32 l.jpg
The A, B, Cs of U.S. Immigration legal status (or be admitted to permanently reside in the U.S.):

  • What is a Naturalized Citizen?

    • Lawful permanent residents are eligible to apply for US citizenship through a process called naturalization.

    • To qualify to naturalize, applicants must reside in the U.S. for 5 years (3 if they are married to a U.S. citizen), demonstrate a knowledge of U.S. history and government, show they have committed no serious crimes, have paid their taxes, are of “good moral character”, and demonstrate that they understand, speak and write ordinary English.


Adjustment of status within the united states l.jpg
“Adjustment of Status” within the United States legal status (or be admitted to permanently reside in the U.S.):


Mr mrs smith l.jpg
Mr. & Mrs. Smith legal status (or be admitted to permanently reside in the U.S.):


Fact pattern l.jpg
FACT PATTERN legal status (or be admitted to permanently reside in the U.S.):

Mrs. Smith has been married to Mr. Smith for 15 years. Mr. Smith was born in the United States in San Antonio, Texas. Mrs. Smith was born in Mexico and is undocumented. She entered the U.S. “without inspection”.

Query: Can Mr. Smith sponsor Mrs. Smith for legal status while Mrs. Smith remains in the United States?


Answer l.jpg
Answer: legal status (or be admitted to permanently reside in the U.S.):

No! He cannot sponsor her while she resides in the United States.


245 i l.jpg
§ 245 (i) legal status (or be admitted to permanently reside in the U.S.):

(A program for adjustment of status within the United States)

This program ended on April 30, 2001 and has not been renewed.


Three year bar l.jpg

Three year bar legal status (or be admitted to permanently reside in the U.S.):

Ten year bar


Slide39 l.jpg

Current Crisis/Current Needs/Avoiding Scams legal status (or be admitted to permanently reside in the U.S.):


Consequences of the failure to pass immigration reform l.jpg
Consequences of the Failure to pass Immigration Reform legal status (or be admitted to permanently reside in the U.S.):

State and Local Anti-Immigrant Laws and Ordinances

ICE Raids


Slide41 l.jpg

State and Local Law Enforcement of Federal Immigration Laws legal status (or be admitted to permanently reside in the U.S.):

Can local police stop anyone and ask for immigration documents?


Slide42 l.jpg

Enforcement of Immigration Law is a federal function legal status (or be admitted to permanently reside in the U.S.):

In principle, state and local police do not have the authority to enforce federal immigration law


Slide43 l.jpg

Approval by the U.S. Department of Homeland Security to “deputize” state and federal law enforcement—the 287(g) program

http://www.ice.gov/partners/287g/Section287_g.htm


Access to public schools l.jpg
Access to Public Schools “deputize” state and federal law enforcement—the 287(g) program

Undocumented Children Have a LegalRight to Attend Public School Where They Live


Immigrants and government benefits l.jpg
Immigrants and Government Benefits “deputize” state and federal law enforcement—the 287(g) program


Public charge l.jpg
Public Charge “deputize” state and federal law enforcement—the 287(g) program


Title vi of the civil rights act of 1964 l.jpg
Title VI of the Civil Rights Act of 1964 “deputize” state and federal law enforcement—the 287(g) program

“No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”


The obama era l.jpg
The Obama Era “deputize” state and federal law enforcement—the 287(g) program

Guiding Principles:

Strengthen Border Control

Improve Our Immigration System

Remove Incentives to Enter Illegally

Bring People Out of the Shadows

Work with Mexico

http://www.whitehouse.gov/issues/immigration


Slide53 l.jpg

The Obama Era (continued) “deputize” state and federal law enforcement—the 287(g) program

What has been happening?


Slide54 l.jpg

"Congress hasn't moved forward with the legislation that the administration envisioned, which puts ICE in the middle of the fray.  The only thing happening with immigration in the country is enforcement.”

Doris Meissner - Former Commissioner of the Immigration and Naturalization Service (INS) in the 1990's, and currently a senior fellow at the Migration Policy Institute, quoted in a Washington Post story entitled, "Immigration policies sparking tensions within ICE" by Andrew Becker, August 27, 2010, page B3.


Government action policy l.jpg
Government Action/Policy administration envisioned, which puts ICE in the middle of the fray.  The only thing happening with immigration in the country is enforcement.”

Raids


Slide56 l.jpg

Increased Border Enforcement administration envisioned, which puts ICE in the middle of the fray.  The only thing happening with immigration in the country is enforcement.”


Slide57 l.jpg

287(g) Program Changes administration envisioned, which puts ICE in the middle of the fray.  The only thing happening with immigration in the country is enforcement.”


Slide58 l.jpg

E-Verify administration envisioned, which puts ICE in the middle of the fray.  The only thing happening with immigration in the country is enforcement.”


Slide59 l.jpg

Working effectively with the immigrant population administration envisioned, which puts ICE in the middle of the fray.  The only thing happening with immigration in the country is enforcement.”


Roger c rosenthal l.jpg
Roger C. Rosenthal administration envisioned, which puts ICE in the middle of the fray.  The only thing happening with immigration in the country is enforcement.”

Migrant Legal Action Program1001 Connecticut Avenue, N.W.Suite 915Washington, D.C. [email protected]


ad