Immigration Law Midterm
Refugee
"any person who owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself to the protection of that country ...." 1951 Convention and Protocol relating to the Status of Refugees
The 1986 Immigration Reform and Control Act
6 million undocumented persons resided in the U.S. in 1980 11million now
Article 1, Sec. 8, clause 4 of U.S. Constitution
grants Congress the power to establish a "uniform Rule of Naturalization."
1790 and 1795 Naturalization Act
- 1790 Naturalization Act only "free white persons" of "good moral character" could become naturalized citizens. - 1795 Act created a five-year residency requirement for citizenship. have to be a resident for 5 years- almost all instances you must be a LPR for 5 years before you apply for citizenship
International Organization for Migration
UN organization charged with promoting humane and orderly migration
The Convention against Torture (CAT)
"No State Party shall expel, return or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture." Does not need to be "on account of race, religion, nationality, membership in a particular social group, or political opinion." Torture- cannot be by someone the gov't cannot control. The gov't will torture this person if you send them back.
Push and Pull Factors
"Push Factors" - conditions in migrant's home country that make it difficult or even impossible to live there. "Pull Factors" - circumstances in the destination country that make it a more attractive place to live than the migrant's home country. (don't forget "Sin Nombre" film)
The Source of Federal Power
- "The Supreme Court has upheld all manner of federal statutes regulating immigration and has precluded states from passing legislation that directly impinges on the federal dominion over immigration." States can do very little
More xenophobic Acts and Laws in 1800's
- 1882 act suspended all immigration of Chinese laborers and forbade admission of Chinese citizenship. - 1891 law establishes Bureau of Immigration - 1903 act added epileptics, the "insane", "beggars" and "anarchists" to the excluded list. - 1907 act added "feeble minded" and the tubercular. - 1907 agreement with Japan restricted Japanese immigration. - In 1880-1890, 72% of immigration was from northern and western Europe. From - 1900-1910 71% of immigration was from southern and eastern Europe. Joint congressional-presidential commission found so called "inferior" and "less desirable" groups dominated the new immigration 1917 act barred people unable to read (primarily southern and eastern Europeans) and all immigration from Asia from countries within specified latitudes and longitudes. Also increased the head tax.
"Rule of Necessity" - necessary to the successful operation of the Constitution
- Every state does not make its own decision about immigration rules - Federal gov't has exclusive jurisdiction- it can do everything it wants and states can do very little
Early U.S. Immigration Policy- the 1800's
- First 100 years it was unclear if the federal government had authority to regulate immigration - 1875 - U.S. Supreme Court held federal government has exclusive authority to regulate immigration under its power to regulate foreign commerce, state immigration restrictions found unconstitutional. - Constitution says nothing about immigration- says about naturalization- SCOTUS says it is part of international affairs, and federal gov't has jurisdiction over it. - Immigration not restricted during first 100 years, but naturalization regulated. - Under 1790 Naturalization Act only "free white persons" of "good moral character" could become naturalized citizens.
International Law Issues Relating to Immigration- Freedom of Movement
- Freedom of Exit - The U.N. Universal Declaration of Human Rights states that "everyone has the right to leave any country, including his own ...." - Human rights is kind of like the BOR Was adopted in 1948- right after WWII - If you go to the border and drive to NM, when you leave the US, no one will check your passport or inspect you in any way. Mexico will not look at your passport or inspect you, but the US will inspect you upon arrival. Exit Tax- can't tax the right to leave a country - Right to Return - The U.N. Universal Declaration of Human Rights (and other international charters) recognizes the right of an individual to return to her or his own country. You always have the right to return to a country you are a citizen of. - Right to Enter There is no right to enter or reside in any nation of which the individual is not a citizen. Countries have the sovereign right to exclude non-citizens. - This concept is followed in the US- supreme court has made it clear that congress has discretion on who they allow into the US- including the right to pass laws that discriminate based on criteria that we believe inappropriate- race, religion, etc. However, the 1951 Convention and Protocol relating to the Status of Refugees protects a "refugee" from being returned to a country where he or she is threatened on account of race, religion, nationality, membership in a particular social group or political opinion. The Convention Against Torture (CAT) prohibits returning someone to a country where he or she will be tortured. - Following wwII- lots of refugees in europe coming from the new soviet block. This convention was entered into regarding refugees. Definition of refugee- someone who fears persecution in their country on account of race, religion, nationality, member of a social group or their political opinion. - Climate, etc- this doesn't make you a refugee. You are being persecuted based on something about you- then yes, you are a refugee. - This standard is easier to meet- torture is worse than persecution, this is severe mental or physical affliction- pain. The torture must be by a government official- under orders of a gov't official C. Right to Travel There is no general international right to travel between countries. No country has a duty to let anyone in the country except their citizens. Treaties may grant the citizens of one country the right to enter another. Schengen Agreement Member Countries - abolished internal borders and the need to provide passports between some EU countries. Is that a good thing? Should USMCA countries do the same? Should there be fewer restrictions on migration within the USMCA than migration from outside the USMCA?
Impacts on Federal, State and Local Budgets
- Immigrants pay less in taxes than native-born and therefore their fiscal contribution is less favorable until around age 60. - Children of immigrants have a more favorable economic impact than native-born. (Tend to have a slightly higher education achievement, as well as higher income, and therefore pay more taxes than the native born.) - they increase costs in that they tend to have children, so they create a greater demand on public education. we need to educate these children -Immigrants are twice as likely to start a business than nonimmigrants.
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
- Increased Border Patrol staffing - Added new grounds of inadmissibility and removal - Limited review of immigration decisions - Increased the number of criminal acts making a non-citizen removable - Eliminated almost all forms of relief for non-citizens with criminal convictions
Colonial Period
- Jamestown founded in 1607 - Population of colonies in 1640 was 25,000, by 1776 it was 2,500,000 - Western Europeans came for economic reasons and to avoid religious persecution Africans came as slaves - English judges sent vagrants and felons to the colonies Colonies on the other hand tried to exclude "public charges" (included not only those sent by English judges but also poor and diseased who came voluntarily) - Govemment aid not admissible because it is likely dor the immigrants to become a public charge - Head taxes also imposed to exclude "undesirables" Undesirables are the poor
Trends in Immigration
- Legal admissions average about 1 million a year. - 10.5 undocumented immigrants in the U.S. as of 2017 (down from 12.2 million in 2007) - according to the Pew Institute - The foreign-born are overrepresented in both the population with less than a high school education and the population with more than a 4-year college education. - 16% of the U.S. workforce is foreign-born. Immigrants and their children will account for the vast majority of current and future workforce growth.
The Rights of Statesless Persons
- Person lacks documentation to prove citizenship - Citizen from a jus soli country gives birth in a jus sanguinis country Born in a jus sanguinis country, father is unknown or is not a citizen, and the law of the country does not allow women (mothers) to confer citizenship Common law principal- the US is a common law country- the US law is based upon England. Under common law, what determines citizenship is where you were born. Contrast to common law is civil law- law from the continent of Europe. For them, what determined citizenship is that of your parents. Ex- let's say someone from england is in france, and the baby would be born in France. England would recognize the baby as a citizen, and France would not recognize that baby as a citizen since it was not born of French citizens. - Your ethnic group is not recognized as citizens - State succession - your country of citizenship ceases to exist, e.g., the Soviet Union and Yugoslavia - Denaturalization of a citizen who surrendered prior citizenship
Impacts on Employment, Wages, and the Economy
- The impact on the wages of native workers in very small. - Little evidence immigration significantly affects the overall employment levels of native-born. - High-skilled immigrants have a positive effect on wages and employment. They fill gaps and innovate. - Immigrants reduce the cost of some goods and services. - Immigrants and their descendants are an important source of demand. - Immigrants essential for avoiding economic stagnation resulting from unfavorable demographics (aging workforce). The highly skilled immigrants enhance the nation's capacity for innovation, entrepreneurship, and technological change
What is the legal definition of refugees and why was this term created? Does the term still work?
- The legal definition of "refugee" was established by the 1952 UN Refugee Convention - goal was to protect individuals fleeing political persecution in the Soviet Block. - This definition of refugee was meant for those fleeing political persecution from the soviet block- so it would not necessarily fit today because today, people seek refuge because of war or climate change or poverty or gangs.
Asylum
- Uniform Declaration of Human Rights - Grants the "right to seek and enjoy in other countries asylum from persecution." - The norm of non-refoulement applies to asylees - prohibits states from expelling or returning refugees to places where they would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion. - Given the number of displaced people in the world today, governments have resorted to mass detention facilities where detainees remain indefinitely and to expedited removal proceedings. - Under international standards, asylum seekers are entitled to fair adjudication of their status and detention is supposed to be a last resort.
Why are people migrating?
- Wars in Syria, Iraq, Iran, and Afghanistan where there have been genocides- - Genocide- especially in Myanamr- 500000 have fled Myanmar - Ethnic Conflict- South Sudan, Eritrea, Ethiopia, Somalia, and Iraq- turkis attacts on the Kurds displaced many - Climate Change- Honduras, Guatemalas, Sahal region of Africa - Crime- El salvador, Honduras, Guatemala- these crimes are committed for impunity nd people are running for thier lives. - Lack of Economic Opportunities- Mexico, Tunisia, El Salvador, Honduras, Guatemala - Gaza and West Bank - Walls, blockades, and checkpoints - one large refugee camp. Like living in a prison. Gaza (1.8 million people) has been blockaded since 2007, 80% depend on humanitarian aid to survive.
Where are these people migrating to?
- Western Europe- Germany is the leading European destination for refugees - 1.2mil apps filed for refugee in Germany- led to backlash - U.K. is second in European destination- 210,000 Africans arrived in Italy in 2015 and 2016. More than 5,000 drowned in the Mediterranean in 2016. 2015-2016 --- One million refugees arrived in Greece, mostly from Syria, Afghanistan, and Iraq - Jordan, Lebanon, Turkey, Iraq - 1.3 million Syrians have fled to Jordan (population of Jordan is 10 million) 2 million Palestinian refugees live in Jordan (average stay - 25 years) 3 million refugees live in Turkey, mostly Syrian, most receiving no assistance. Official camps in Turkey shelter only 10% of the refugees. Lebanon hosts 2 million refugees from Syria and Palestine, which is one third of its population Lebanese camp for Palestinians - has existed for more than 60 years. One of the most densely populated places on earth. Children grow up with no hope - vulnerable to radicalization. Iraq hosts 277,000 refugees, mostly from Syria -UNITED STATES leads the world with the highest number of immigrants., then thailand, malaysia, and bangladesh. Africa holds 26% of world's refugees- Dadaab in Kenya is the largest refugee complex in the world.
What is it like to be a migrant/refugee?
- loss of respect - walls and fences - extreme deprivation - extreme vulnerability to criminal activity - host government indifference/aggression/animosity - shattered hope. even if they get here, they are greatly disappointed.
The Functions of the Three Branches of the Federal Government in Regulating Immigrants
-- Congress can delegate authority to exec branch, which gives them similar authority to take action. - Historically, the Supreme Court has taken a virtual "hands off" approach to immigration law, but it has stopped short of abdicating all responsibility.
quota laws of 1921 and 1924
1921 Quota Law reflects U.S. isolationist policy following WW I. Immigration from each nation limited to 3% of foreign-born persons of that nationality residing in the U.S. as of the 1910 census. In 1924 that was changed to 2% of foreign born as of the 1890 census. -was formulated mainly in response to the large influx of Southern and Eastern Europeans and successfully restricted their immigration as well as that of other "undesirables" to the United States.
Border Patrol
1924 - Border Patrol created Trying to turn back the clock- all the undesirables- don't want to base the quotas off them, they wanted the anglo saxons and germans. We now have people patrolling the border btw US and MX, Canada, and ports of entry.
3 most important acts
1924- immigration act set quotas- goal of quota act was to limit/maintain white or northern western european settlers. 1965- immigration and nationality act passed as part of civil rights movements- got rid of quotas because they were racist. we came up with what was up to 20,000 in our country Bracero- 1940's
Immigration Policy in 1900's
1929 - quotas now based on percentage of entire population rather than "foreign-born persons" If you base it on the entire population rather than foreign born populations- foreign born are most recent, so they're more likely to be the southern european. This is targeting people who have been here for a long time. It is a way to further restrict immigration from any place that isn't western or northern Europe. 1939 - Congress defeats bill to admit 20,000 children fleeing Nazi Germany despite available sponsors because it would exceed Germany's quota xenophobia 1940's - Ban on Chinese immigration repealed because of wartime alliance with China and need for workers, and temporary workers program negotiated with Mexico (Bracero Program) 1945 - Truman issues a directive to admit 40,000 war refugees Not turning down german children away anymore 1950 - Communists and anyone "likely to" engage in "subversive activity" excluded 1953 - Congress passes the Refugee Relief Act which adopted "refugee" definition of 1952 UN Refugee Convention persecuted by the government or someone the government cannot control- race, religion, nationality, political opinion if you are starving to death because of climate change, and you flee that country, you probably are not a refugee- what you are suffering is widespread- it is not because of your race, religion, etc.
1952 Act and Later Amendments
1952 - Immigration and Nationality Act passed - piecemeal immigrant laws consolidated in one comprehensive statute. put all the immigration law in one place. "INA" 1954 - Operation Wetback begins - over a million "returned" to Mexico in first year - 1965 - Inspired by Civil Rights Movement, quotas changed to 20,000 for each country in the Eastern Hemisphere with an overall Eastern Hemisphere limit of 170,000, and a 130,000 limit from the Western Hemisphere (without country limits). Rid of the quota system (which was meant to drastically limit the # of immigrants, but keep only the anglos/nw europeans) President kennedy- a nation of immigrants. he criticized our immigration policy- you can't be president if you're an immigrant, you have to be a natural born citizen. He got close to immigrant though. Kamala Harris' mother was from India and father was Jamaican. Obama's father was from Kenya When Kennedy became president he tried to get immigration reform Eastern hemisphere had limit of 170000, per country limit of 120000 Americas- limit was 130000 with no restrictions per country. Most immigrants from Western hemisphere were coming from Mexico- no limit for any Mexicans in specific though. 1976 law applied 20,000 per country limit worldwide. 1986 - Immigration Marriage Fraud Amendments established two-year conditional residency. Established a "perpetual bar" for marriage fraud. Common way of gaining residency- concern is, are these marriages fraudulent? It is a crime to engage in a marriage fraud and it will get you banned from the country permanently. Other provision- if you become a permanent resident through marriage, you have to stay married for 2 years 1990 - waivers to conditional residency created for bona fide divorces and battered spouses.
How many people people around the world flee their homes to escapr poverty, famine, and war per day?
34,000 - United Nations High Commission on Refugees (UNHCR) estimates there were 79.5 million forcibly displaced persons worldwide at the end of 2019 -
The fallout from 9/11/2001
A. Border security greatly enhanced B. Department of Homeland Security created - includes U.S. Citizenship and Immigration Services, U.S. Customs and Border Patrol, and Immigration and Customs Enforcement C. Use of "expedited removal" expanded - DHS officer decides removability, not an Immigration judge D. Significant increase in the investigation and tracking of non-citizens, primarily those of Arab and Muslim background. E. Illegal entry is treated as a crime (not a civil matter) F. Dramatic increase in the incarceration of undocumented and asylum seekers - DREAM Act introduced in 2001 - Obama DACA and DAPA Policies - dream acts introduced since 2001- Obama helped daca and dapa- extended stay for 2 years for children - In 2013 Immigration Reform passed Senate 68-32; vote blocked in the House of Representatives
Immigration and Nationality Act of 1965
Abolished the national-origins quotas and providing for the admission each year of 170,000 immigrants from the Eastern Hemisphere and 120,000 from the Western Hemisphere
What is the source of the federal government's exclusive jurisdiction over other immigration issues?
Article 1, Sec. 8, clause 3 of the U.S. Constitution gives Congress the power "to regulate Commerce with foreign Nations, and among the several States." Implied from other clauses regarding foreign affairs BIG DIFFERENCE between declaring war and immigration... but issues involving foreign affairs- in all respects when foreign and international affairs are mentioned in the constitution the authority is different to the federal gov't
Among new immmigrant arrivals
Asians outnumber Hispanics
Muslim Ban
Congress has total authority The last 4+ years- issue is the travel ban put in place after inauguration. Travel or muslim ban- campaigned saying he would stop travel of muslims to the US. In a 5-4 decision, the travel ban was upheld. It was upheld until President Biden issued an executive order To justify it, they said that the countries that were predominantly Arab- they said these countries could not provide information the US needed to vet these people. But there is a lot of countries that cannot provide any info that is more accurate... and they were not put on the travel ban. Many students were affected from this travel ban from Iran. Congress can exclude anyone
proposition 127
Designed to make things tough on undocumented immigrants- no undocumented immigrants can receive state benefits- this included education. Undocumented children would not be educated in public schools. Anyone with a professional license with the state- if you knew of anyone undocumented you had to report them. This was declared unconstitutional- galvanized Latino vote in california against the republican party.
The Department of State
For most non-citizens, the immigration process begins abroad in the U.S. consulates and embassies, for instance, B-2 visitor visas. Petitions for family or employment sponsorships are filed with USCIS in the U.S. If a petition is approved, the visa is issued by the State Department at a consulate or embassy. The Department of State also allocates visas - issues the monthly Visa Bulletin.
Push Factors
Gang activity is one of the main factors consistently driving the homicide rates in the Northern Triangle countries.[21] Together with a lack of governmental intervention, gang activity creates a self-perpetuating cycle of lawlessness and violence. Organized crime groups target small businesses and poor neighborhoods, recruiting members to impose and collect payments for "protection," threatening and harming individuals who do not comply with their demands. -Protection payments/extortion is rampant People who don't pay the protection payments- they get tortured- the rest of the family comes here and seeks asylum Severe poverty- which makes them more likely to be victimized by gangs that use their socioeconomic vulnerability to manipulate them and target them for membership recruitment and extortion.[25] More than 66 percent of Hondurans lived in poverty in 2016.[26] Moreover, Guatemala has faced some of the worst poverty levels (around 60 percent) in Latin America.[27] El Salvador's poverty rate hit 31 percent in 2016.[28] Gangs profit off rising poverty levels
Educational attainment among US immigrants, 2018
Immigrants tend to be undereducated or on the top end. Mex and central america, they are poor and laborers. Asia and africa, high percentage of them have degrees. highest education level of immigrants- nigerians. Yet trump has banned Nigerian immigrants. - the total US labor force has grown, but unauthorized workers has declined. 1 in 6 workers in the US is an immigrant.
Rights of Refugees cont.
Indefinite detention of asylum seekers One-year deadline for filing asylum claims "Stay in Mexico" policy - "Migrant Protection Protocols" Trump initiative- you have to wait in Mexico- you don't get to come to the US and present your claim. "Stay in Mexico" policy- you don't even get to come here and make a claim.
Asian Immigrants
India, China, the Philippines, Vietnam, and Korea were the top five origin countries of Asian immigrants. Asia is the second largest region in birth- overtakes Mexico as the source of immigrants Asians are ahead of other immigrants and non immigrants- including sales, etc. Natural resources, maintenance, etc- lots of undocumented immigrants make their living in this way. Asains are above them Remittences- money being sent back home from immigrants.
The Rights of Migrant Workers
International Labor Organization (IOM) Conventions call for the respect of the rights of all workers irrespective of citizenship. Governments are directed to guarantee equality of opportunity and treatment with respect to employment, occupation, social security, trade union rights and cultural rights, as well as individual and collective freedoms. - Guarantee equal opportunity- right to join unions, and right to bargain and collect.
The United Nations High Commission for Refugees
International organization responsible for refugees- after WWII. - Determines refugee status THERE IS a refugee camp in Jordan- UN high commission for refugees (again, made after WWII)- small percent qualified for refugee status. If UN determines they meet the status- they have to be in one of the 5 protected groups. - Helps to house, feed, resettle, repatriate, and integrate refugees Notion that refugees were a terrorist threat- what terrorist will spend years in a refugee camp hoping they get assigned to the US in hopes to - Publishes guidelines for classifying refugees/asylees - UNHCR estimates there were 79.5 million forcibly displaced persons worldwide at the end of 2019 - highest number since WW II 26mil refugees- go to UNHCR.org IDPs-
Rights of Non-Citizens
It is estimated that there are now 258 million people living in a country other than their own. - 1985 U.N. General Assembly Declaration provides for the respect of fundamental human rights for non-citizens such as the right to life, right to privacy, right to leave the country, equality before the law, freedom of opinion and religion, freedom of expression and peaceful assembly, and retention of language, culture, and religion. Also provides for trade union rights, right to safe and healthy working conditions, and the right to medical care, social security, and education. - In 2008, Texas executed a Mexican national, Jose Medellin. International Court of Justice (ICJ) had ruled the U.S. must allow Mexican citizens to consult with Mexican diplomats after being charged with a crime; that the U.S. must reconsider Medellin's case.
"Hundreds of migrants still dying in the Med five years since 2015" - BBC
Most common nationalities of Mediterranean sea and land arrivals- Tunisia 5874, Algeria 3287, Others, 3222 Current arrivals in Europe are a fraction of what they were at the peak of the crisis % of refugees in Germany that have employment- at 5 years since arrival they are not very high. The high is 49% in total. Proportion of refugees by nationality who said they never spent time with Germans. Men compared with women- they never spent time with germans. In their own bubble, they never deal with german.
"Myths and Facts about Immigrants and Immigration" - Anti-Defamation League
Myth No. 1 - Immigrants are overrunning our country, and most are here illegally. - There are 13% foreign born as part of our population- it is inconsistent with our history of being an immigrant country- also, half of these immigrants are US citizens, 1/4 are US residents and 1/4 are undocumented. Myth No. 2 - Immigrants bring crime and violence to our cities and towns. - As immigration goes up, crime rate doesn't necessarily go up. it goes down if anything. White supremacist groups- they paint the picture that Mexicans coming here are rapists and killers- there are some good ones but they are basically rapists and killers. they won't differentiate against different hispanic groups. Myth No. 3 - Immigrants hurt our country financially by taking jobs and services without paying taxes. - They pay taxes and don't enjoy the benefits at the same rates as other citizens. Maybe in low-skilled jobs, but it is minor. they create jobs. Our economy is not a zero sum game- that if they get a job someone else doesn't get one- they create jobs too. They buy and consume. So the idea that they don't pay taxes is just wrong. Undocumented immigrants actually pay taxes at a higher rate than the top 1% of this country. Myth No. 4 - Immigrants are coming to the U.S. to obtain welfare and other benefits. - Immigrants do not even qualify for benefits. You will not be admitted if you are likely to depend upon public assistance. Myth No. 5 - Immigrants are coming to the U.S. with the express purpose of having babies here. - "anchor babies"- the idea is the child becomes a US citizen, the child is an anchor, the child can sponsor me and I can become the US citizen. Myth No. 6 - Immigrants are bringing diseases to the U.S. - people thought immigrants were bringing ebola, TB, all different infectious diseases from the very beginning of the country that is just not true. Myth No. 7 - Terrorists are infiltrating the U.S. by coming across the border with Mexico. - I wouldn't say any undocumented immigrants came across Mexican border Myth No. 8 - All undocumented immigrants sneak across the Mexican border. - Most are overstayed visas- they do not sneak across the border. Clients do not take a tube across the rio grande- they walk across border patrol, they walk across the border asking for help. Myth No. 9 - We can stop undocumented immigrants coming in the U.S. by building a wall along the border with Mexico. - Walls create a business for smugglers- makes this more dangerous for immigrants. a wall dividing these communities- wall doesn't follow the river, it is a distance from the river. all types of environmental problems too- what does this do to a community?
What Drives Central American Migrants to the U.S.?
NORTHERN TRIANGLE- El Salvador, Honduras, Guatemala. These countries share political, social and economic similarities, including high crime rates, pervasive gang violence, extreme poverty and corruption,[7] which all play a crucial role in migrants' decision to leave. In the 1980s and 1990s, migration researchers concluded that economic factors were "pulling" migrants to what they perceived as a thriving U.S. economy.[8] However, current analyses of migration across the southern border attribute migration to a complex interaction between various "push" and "pull" factors motivating migrants to leave their homes.[9] Experts generally agree that the recent increase in UACs and families migrating from the Northern Triangle is attributable to immediate threats of violence, corruption and environmental degradation in these countries, which are classified as "push" factors,[10] together with contributing factors of U.S. immigration policy and practice[11] and smuggling organizations' activities and propaganda.[12]
The Department of Health and Human Services
Office of Refugee Resettlement (ORR) resettles refugees. Also provides care for Unaccompanied Alien Children (UAC).
"Nativism" NBC News Learn - YouTube
Prejudice is against many people. Trump's first thing in his presidency was the muslim ban- the third one that actually worked. Today, Biden eliminated the muslim ban. Today it is muslims, in the middle of the 1800's it was Catholics,
1986 IRCA
REAGAN is president in 1986 Reagan says- its crazy to take immigrant children from their families. He says there has to be a program where they can get legal status. - Imposed sanctions on employers of undocumented and required verification of employment eligibility -Prohibited discrimination based on national origin or citizenship status Cannot discriminate if someone is citizens or not citizens - Established a program to legalize the status of undocumented immigrants who arrived prior to 1/1/1982. Eligible applicants given 1.5 years of temporary residence and one year to apply for lawful permanent residency. -Reagan was the last person to impose a program like Biden - Increased enforcement resources - Created an agricultural worker program Now, if people come here, they want to go home and visit. But they're scared they won't be able to come back - Barred most newly arrived immigrants from access to federal welfare programs for five years - Established a one-time visa lottery to increase immigration from Europe.
"Human Flow" summary
Refugees continue to struggle in not only the US, but also Europe
Convention Relating to the Status of Stateless People
Stateless people should have rights at least as favorable as other non-citizens. Stateless people should have the same rights as citizens to government services Stateless people should be provided identity and travel documents
The 2000's
The Victims of Trafficking and Violence Protection Act - T visas for trafficking victims The Violence Against Women Act - U visas for victims of serious crime and a more liberal path to permanent residency for abused spouses and children
President Warren Harding
There is "a fundamental, eternal, inescapable difference" between the races. "Racial amalgamation there cannot be." President Coolidge - intermarriage degrades the stock. "Quality of mind and body suggests that observance of ethnic law is as great a necessity as immigration law." - They wanted to preserve the US as a WASP nation.
Proposition 187
There is "a fundamental, eternal, inescapable difference" between the races. "Racial amalgamation there cannot be." President Coolidge - intermarriage degrades the stock. "Quality of mind and body suggests that observance of ethnic law is as great a necessity as immigration law." - They wanted to preserve the US as a WASP nation.
Expedited removal - summary "credible fear" determination
These people might not even see a judge- an ICE agent interviews them and decides whether or not they have credible fear. If not- they are deported. Are we giving asylum seekers a fair hearing? We detain them maybe for years. The places where we hold them today they are large privately owned detention facilities
Immigration Act of 1990
This is the structure we have now. This is the structure that we have now. Increased worldwide cap to 700,000 for three years, and 675,000/year thereafter. Separate law allowed the admission of up to 125,000 refugees - 480,000 visas allocated family -based immigrants - family unity became the primary goal of immigration - four preference categories, immediate family members exempt from categories/unrestricted We will spend the whole class on family based immigration-immediate family members are not subject to any of these preference categories. Immediate family members- children under the age of 21 who are not married, spouse, mother and father - 140,000 visas allocated to employment-based immigrants - placed a high priority on educational attainment and excellence in a profession - five preference categories, the fifth encouraging immigration of investors Premium put on educational attainment and excellence Investors. you're basically buying us residency and citizenship. there are projects you can invest in. - 55,000 visas allocated to "diversity" immigration - for "under-represented" countries lottery- if there is no first generation - Created Temporary Protected Status for aliens who were unable to return to their countries because of war, disaster, or other unstable conditions - Syria, Sudan, South Sudan, Somalia, Nicaragua, Nepal, Honduras, Haiti, El Salvador, Yemen
1875 Act exclusions
Today, Catholics excludes convict: etitutes, "lunatics", "idiots", and those "likely to be a public charge." 1882 law imposed a head tax. 1891 adoed "diseased", "paupers" and polygamists to the excluded list and required medical examinations to determine if immigrants were "diseased"
The Scope of the Federal Power
U.S. Supreme Court in 1977 - "Over no conceivable subject is the legislative power of Congress more complete." - Extreme judicial deference To congress- true in any issue involving foreign or international affairs. Courts are reluctant to get involved Law is that congress can exclude whoever it wants- though these cases are old, you can say it's a law because it has never been reversed.
Does the United States meet the non-refoulement obligation?
US and Canada- process your claim in the first country you come into. Guatemala, honduras and el salvador- US forced an agreement with this country. If an asylum seeker comes from Honduras- we can send them to El Salvador or guatemala They are fleeing northern triangle and we are sending them back- sending a refugee to a country where they may be persecuted. These are countries where people are persecuted- that's why they came here
Key Facts about US Immigrants
US has more immigrants than any other country in the world. We are a big country- china and India are bigger than us, as far as population is concerned. More than 40mil immigrants live in us. 1/5 of world's immigrants live in US. 1 in 7 us residents is an immigrant. 1/3 of Houston residents are immigrants. What caused the dip in 70's? Quota that called to maintain the split of ethnicity present in the US in about 1900. This law stayed in effect till the 70's. This was part of civil rights movement. Unauthorized Immigrants are almost a quarter of us foreign born population. Unauthorized- 10.5mil (23%) Lawfulimmigrants- 35.2 mil (77%) Lawful permanent residents (12.3mil) (27%)
The Department of Justice
Under attorney general. Immigration courts are a part of the executive branch- the dept of executive branch. They are under the attorney general. Executive branch is law enforcer and judge- they wear too many hats. They bring the removal proceedings, they are the judge, and the attorneys. President issues decisions on appeal- his decisions are not only binding on immigration courts, but also USCIS
What are "sanctuary cities"?
Under federal law, you cannot force a city to comply with this detainer request. So a sanctuary city (which can include not asking status when you arrest them, etc) If they have not committed a violent crime, they will let that person go as soon as they arrest them Sanctuary city will let someone go who does not have license or insurance- non sanctuary cities will not do this In TX there are no sanctuary cities.
Bracero Program
Wartime agreement between the United States and Mexico to import farm workers to meet a perceived manpower shortage; the agreement was in effect from 1941 to 1947. (Bracero Program) - The Bracero Program - NBC News Learn - YouTube People emigrate from Mexico to US after the alliance with China. Bracero program allowed American businesses to hire workers from Mexico. They built ships, airplanes, produced food. Bracero = farm hand in Spanish
Pull Factors
While the U.S. has been known as a country of unlimited possibilities with a growing economy, an excellent educational system, low levels of poverty and low levels of violence,[34] these factors alone are not the only forces "pulling" migrants to undergo the long and dangerous journey to the U.S. border to face an uncertain fate. Family reunification is another common "pull" factor, as many Northern Triangle migrants have relatives who have already settled in the U.S. About 1 in 5 Salvadorans and 1 in 15 Guatemalans and Hondurans have migrated to the U.S., making the U.S. an attractive destination for their children and other family members fleeing the region.
March 2016 European Union/ Turkey Agreeement
a. Turks received 6bil. Euros and visa-free travel to Europe. b. In return, EU received the right to return migrants to Turkey c. migrants only have "temporary protection" in Turkey, no legal status. No process to determine if they should have refugee status. Receive almost no assistance. No right to work, no schools. Can be deported at will. Migration to Europe has subsequently dropped and slowed with trump's policies. International refugee law developed to protect Europeans post-WW II. It has come full circle. "We have two choices. Either we move forward as a Europe of tolerance, of human rights, against racism and xenophobia, united; or we split into a xenophobic Europe that will never manage to overcome the trauma caused by the wave of refugees. That's not the Europe we dreamt of." Will the migration of people continue to grow? Climate change will get worse- it will affect a lot more countries. The answer based on climate change is yes, it will cause a lot more migration. This inequality is still growing- the disparity of wealth among countries and within countries will continue to grow.
Homestead Act
anyone who would settle on the land could get 1/4 section (square of a half mile), it is 160 acres. All you had to do was settle, it was more west than east of the Mississippi.
the 1990 immigration and nationality act (INA)
employment based requires sponsor The 1990 Immigration and Nationality Act (INA) authorizes the immigration of up to 480,000 family-based immigrants a year, 140,000 employment-based immigrants a year, and 55,000 diversity immigrants a year. 675,000 in total. In addition, most immigration in the family-based and employment-based categories is subject to per country caps (usually 25,620 per country).
The U.S. Customs and Border Patrol (CBP)
focuses on preventing undocumented or illegal entries and facilitating trade. U.S. Border Patrol under CBP is responsible for patrolling borders with Mexico and Canada.
Immigration Act of 1924
goal was to make the racial composition of America at that time permanent. (Goal was to preserve the U.S. as a WASP nation.) Feared white people losing political power to nonwhite people, or to the wrong kind of white people. Madison Grant: "We have closed the doors just in time to prevent our Nordic population being overrun by the lower races."
Operation Wetback
massive roundup of illegal immigrants in reference to the migrants' watery route across the Rio Grande, as many as 1 million Mexicans were apprehended and returned to Mexico in 1954 Operation Wetback 1954 - YouTube ----- Trump Praises "Operation Wetback" - CNN - YouTube get rid of those who came to grow food over here. Trump campaigned on deporting unauthorized undocumented immigrants- same arguments today- immigrants increase crime rate. This is just not true- immigrants are less likely to commit crimes than the natives in the US> during periods of high immigration, crime rates go down. Immigrants do not increase welfare costs either- they do not qualify for any government programs- they pay taxes, social security, etc. but do not benefit from the programs. They do not bring disease- people thought unaccompanied children were bringing Ebola into the US.
20 metropolitan areas with the largest number of immigrants in 2018
ny, la, miami, chicago, houston, dallas, san francisco, boston, Washington dc, phoenix, las vegas, seattle
Basic norm of non-refoulement
prohibits states from expelling or returning refugees to places where they would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion.
The U.S. Immigration and Customs Enforcement (ICE)
responsible for enforcement of immigration laws, including the operation of detention facilities and removal. Office of Chief Counsel under ICE represents the United States in proceedings in Immigration Court and in appeals of Immigration Court decisions.
U.S. Citizenship and Immigration Services (USCIS)
reviews petitions for immigration benefits, applications for adjustment of status to permanent resident, applications for naturalization, as well as asylum applications. Administrative Appeals Office (AAO) within the USCIS handles administrative appeals from certain decisions of lower USCIS adjudicatory officers. Asylum Office within USCIS adjudicates affirmative (and UAC) asylum applications.
Immigration Courts are part of...
the Executive Branch, not the Judiciary Branch. They are part of the Department of Justice, and report to the Attorney General.
B. Under traditional principles of international law, stateless people had no rights because
they had no home state to protect them.
Federal Law
trumps state law - States cannot regulate concurrently in an area involving immigration already occupied be federal law - states are preempted. Any state law that meddles in immigration policy is in danger of being struck down - grey area of the law. States do not need to issue drivers licenses to undocumented residents- but they must allow their children to go and primary and secondary school. Hard to understand the theory as to how they are drawing these lines. Immigrants can get medical care at emergency centers
