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.
Roger Rosenthal, JDExecutive Director
Migrant Legal Action ProgramWashington, DC
Texas Association of Community Health Centers
27th Annual Conference
October 4, 2010 -- San Antonio, Texas
When was the last time there was a major change in U.S. immigration law?
The Immigration and Naturalization Service (INS) continues to exist?
When the U.S. Department of Homeland Security (DHS) was established, post 9/11/01, the functions of INS were placed at DHS.
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
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
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?
No! He cannot sponsor her while she resides in the United States.
(A program for adjustment of status within the United States)
This program ended on April 30, 2001 and has not been renewed.
Ten year bar
State and Local Anti-Immigrant Laws and Ordinances
Can local police stop anyone and ask for immigration documents?
In principle, state and local police do not have the authority to enforce federal immigration law
Approval by the U.S. Department of Homeland Security to “deputize” state and federal law enforcement—the 287(g) program
Undocumented Children Have a LegalRight to Attend Public School Where They Live
“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.”
Strengthen Border Control
Improve Our Immigration System
Remove Incentives to Enter Illegally
Bring People Out of the Shadows
Work with Mexico
What has been happening?
"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.
Migrant Legal Action Program1001 Connecticut Avenue, N.W.Suite 915Washington, D.C. firstname.lastname@example.org