US Immigration System 101

Understanding the dialectic of movement v. government

Presented by: Samantha Contreras

Created by: Coalition for Humane Immigrant Right of Los Angeles (CHIRLA)

What are the root causes of migration?

The root causes of migration? 1.  War & conflicts 2.  Economic forces 3.  Structural

Adjustment Programs

4.  Environmental conditions

Other reasons why people migrate?

•  Families and loved ones

•  Better opportunities

ICE (aka la migra) says: 2 types of people

•  Citizen, a person born or naturalized in the US

•  Alien, most everybody else in the world

La Migra says: 2 types of Aliens

•  Immigrants – people who travel to a country with the intention of residing permanently.

•  Non-immigrants – Those that come for a brief time or specific purpose. Tourists, students, athletes, artists, academics, guestworkers.

How can people Immigrate?

•  Blood – family relationship with citizen or permanent resident

•  Sweat – special abilities or labor

•  Tears – refugee status or asylum

Family immigration

•  A US Citizen may immigrate – Spouse & minor children – Parents – Adult children and their families – Siblings and their families

Family immigration •  A Permanent Resident

can immigrate – Spouse & minor

children – Single adult children

No Sweat: Employment visas

•  Extraordinary Ability

•  Exceptional Ability

•  Professionals and Skilled Workers

•  Special Immigrant & Religious Workers

•  Investors

Tears & Fears

•  A refugee is recognized by the United Nations and enters a host nation with UN travel documents

•  An asylee enters the US without

permission and petitions for asylee status based on a credible fear and persecution

Does applying to enter cost $$?

•  YES!! •  Petitioning for an adjustment of status can

cost thousands of dollars (depending on individual case) – Application fees and cost of waivers – Fingerprinting fees – Physical exams – Attorney fees, and much more

Inadmissibility

•  Threat to national security •  Likely to become a public charge •  Drug or human smuggling •  Have certain contagious diseases •  Do not have a valid visa •  Entered illegally or committed fraud •  Convicted of certain crimes •  Y mucho mas

Hotel America … but you can never leave

•  Undocumented – without legal status – Folks who enter without inspection – Folks who overstay visa – Folks who violate the conditions of their visa

12 million people

Undocumented = deportable

•  Any person who is undocumented can be put into deportation proceedings

•  May be detained •  Returned to country of

origin

Best deportation defense?

•  Naturalization – applying for citizenship

•  Acquisition – at birth outside of US

•  Derivation – before becoming an adult –  If a parent becomes a US citizen the children

of the parent become US citizens automatically

What privileges are associated with citizenship?

Citizenship & superpowers

Full rights & protections under law voting, elected office, social security

Able to leap tall buildings, catch speeding trains Can never be deported… EVER

Naturalization

•  18 years of age •  5 years as Lawful Permanent Resident •  Good Moral Character •  Reside in state where application is made •  Not abandoned LPR status •  Not deportable •  Willing to take Oath of Allegiance to US •  Pay $680 to apply

Citizens & Equal Protection

•  The 14th Amendment states in part Section 1. All persons born or naturalized in the United

States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Historically, what groups of people have been considered

full citizens?

•  White male landed gentry – ignoble Euro hangover from too much monarchy

•  Landless white men: 1856 •  Non-white men: 1870 •  Women: 1920 •  Native Americans: 1924

– Poll tax & literacy test abolished 1964

Federal, State, Local Immigration Enforcement

PATRIOT Act of 2001, Secure Communities Program & 287(g)

Provision

PATRIOT Act of 2001 Highlights: 1) re-defines the term “domestic terrorism” and broadens the term to include mass destruction, assassination, and kidnappings as terrorist acts

-  includes racketeering; acts include bribery, extortion, and obstruction of justice

2) Unauthorized immigrant workers are now seen as “terrorist aliens” 3) placed an emphasis on the creation of a shared cyber-database where local, state, and federal agencies can easily conduct background checks on individuals with or without probable cause

What is the Secure Communities MOU?

•  A pilot program since 2008, official program since 2009

•  A memorandum of understanding (MOU) between the Department of Homeland Security (DHS) and local law enforcement departments (example: LAPD)

(now mandated by President Obama) •  Does not deputize officers but allows for a

virtual presence of Immigration & Customs Enforcement (ICE) at local jails

What is 287(g)?

•  Provision in the Immigration and Nationality Act of 1996

•  MOU with county Sheriffs Department in jails

•  Deputizing of local law enforcement as federal agents, enforcing immigration laws

•  Resulting in deportations individuals who have been convicted and served their time

What are the consequences of these policies in our

communities? Does it increase our safety? Do you feel more secure?

Example of Maricopa County, AZ •  Sheriff Joe Arpio •  Under investigation by the Department of

Justice for civil rights violations •  Creator of “Tent City” and chain gangs •  Questionable practices in enforcing 287(g) •  IMPRISONMENT OF IMMIGRANTS (like

prisoners) MAKES $$

Questions & Group Disscusion

•  What values unite us? •  What challenges might divide us? •  What other issues intersect with

immigration? •  What can we do together?

How are immigrants and their allies fighting back?

-  Excising their Miranda Rights -  Joining with labor unions like the AFL-CIO and

Change to Win to fight for workers rights -  Domestic workers are fighting to be included

under the current labor laws -  Students are fighting for their right to go to

college and financial aid (DREAM Act) -  Struggle to obtain a drivers license -  Fighting xenophobia -  ORGANIZING FOR IMMIGRATION REFORM!

My contact information

Facebook Twitter: @SamanthaContrer Samantha.contreras56@gmail.com