IMMIGRATION FACTS
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IMMIGRATION FACTS
Susan I. NelsonWaco League of Women Voters
March 15, 2011
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FACTS: Population
38 million immigrants in U.S. today (12.5%)– Majority are Naturalized Citizens and Legal
Permanent Residents
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FACTS: Population
@11.9 million undocumented in the U.S. @1.7 million undocumented in Texas How:
– Entered without authorization (not necessarily unlawfully)
– Entered on a visa and overstayed
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FACTS: Military
Over 20,000 LPRs serve in the U.S. military
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FACTS: “Anchor Babies”
Children born in U.S. are U.S. Citizens (unless their parents are diplomats, etc.)
At age 21, they can petition for their parents to receive LPR status
BUT parents who entered the U.S. unlawfully must return to their home country to receive LPR and there they face BARS to re-entry
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FACTS: Taxes
Undocumented immigrants pay property and sales taxes
Many undocumented persons pay into the Social Security system but receive no benefits– by 2007, the Social Security trust fund had
received a net benefit of somewhere between $120 billion and $240 billion from unauthorized immigrants.
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FACTS: Taxes
IRS estimated for 2005 @$9 billion in taxes were paid on @$75 billion in wages from mismatched Social Security numbers– Most of these funds go unclaimed and into the
Social Security system Many undocumented immigrants pay taxes
using ITINs – reported tax liability of @$50 billion from 1996-
2003
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FACTS: Social Services
Undocumented persons are not eligible for most social services (food stamps, TANF, Medicaid)
Limited exceptions: immunizations, disaster relief, ER care, WIC
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FACTS: Schools
Public schools are required to educate all children regardless of immigration status. Pyler v. Doe (U.S. 1982)
Students who graduate from Texas HS and have 3 years residence can attend Texas universities and pay in-state tuition
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IMMIGRANT STORIES
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AMBER
Amber came to Texas with her family at age 6 with visitor visas. Her grandfather filed a petition for the family, but they are still
waiting for LPR status. Amber has attended Texas schools, and graduated from a
Texas H.S. with honors. She cannot get a DL. She cannot work legally (even after she receives a college
degree). She can attend a Texas University and pay in-state tuition BUT
she cannot qualify for federal financial aid. She will be over age 21 and will not qualify for LPR status with
her family once there is a visa available.
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JOHN
John came as a student but stayed beyond the time allowed on his visa.
His employer filed a Labor Certification application for him in 2002
He has an approved petition but his priority date is not yet current
Once he has a current visa date, he must return to his home country to get his permanent residence
Once he leaves the U.S., he is barred for 10 years from applying for permanent residence
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CARL
Carl came to the U.S. through the river in Texas 12 years ago.
He has 3 U.S. Citizen children. He was stopped by the police because his
inspection sticker was out of date. He was turned over to ICE and put into
removal (deportation) proceedings. He will probably be deported because his U.S.
Citizen children do not have serious medical or educational needs.
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DEPORTATION
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Cost of Deportation
@11.9 million undocumented in U.S. $12,500 to deport 1 person 393,000 people deported last year $5 billion spent deporting people last year $137 billion estimated cost to deport all
undocumented
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Secure Communities
ICE program largely responsible for dramatic increase in deportations
Local law enforcement sends info to ICE on all arrestees
ICE processes all immigrants regardless of the crime for which they were arrested (or charged) or their past record
Leads to racial profiling in arrests
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Immigration Court Backlog
National backlog of cases in Immigration Courts has reached an all-time high, with nearly 248,000 cases pending nationwide.
Texas alone had 23,234 pending cases
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Human Costs of Deportation
@88,000 parents of U.S. citizen children were deported between 1997 and 2007
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FEDERAL SOLUTIONS
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EARNED LEGALIZATION
Alternative to mass deportation NOT AMNESTY Provides a path for unauthorized people
living and working in the U.S. to become LPRs– Employment, education key – Good moral character
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DEPORT SERIOUS CRIMINALS
ICE should concentrate its efforts on deporting serious criminals and recent border crossers
ICE should not place individuals arrested for minor things like driving without a license into removal proceedings
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DREAM ACT
Provide path to legalization for children who– Came to the U.S. prior to 15– Graduate from a U.S. high school or receive GED– 2 years college or military service
Will not be able to sponsor family members for 15+ years
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Fix Dysfunctional System
Make Employment system responsive to the needs of U.S. employers for temporary and permanent workers– AgJobs– Skilled workers– Unskilled workers
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Fix Dysfunctional System
Alleviate the multi-year backlogs that keep families separated.– Spouses of LPRs must wait 7-10 years for green
cards to become available and be processed.– Adult children on USCs and LPRs must wait for 4-
23 years. Eliminate the BARS to relief
– Prevent those otherwise eligible for LPR status from receiving their green card
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TEXAS
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TEXAS DRIVERS LICENSES
A valid SS# is required to obtain or renew a DL in Texas
Applicants must prove that they are either U.S. citizens or have legal immigration status in order to obtain a DL
Unlicensed drivers cannot get insurance = unlicensed drivers on our roads
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TEXAS: PROPOSED LAWS
Immigration is a federal function reserved to the federal government under the U.S. Constitution
Attempts by the states to regulate immigration are generally UNCONSTITUTIONAL
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Texas: “Sanctuary Cities”
would prevent governmental entities from adopting policies that prohibit law enforcement from asking a person legally detained or arrested their immigration status.
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Texas: Arizona-like laws
Focuses on finding and arresting undocumented immigrants
Makes it a state crime to be in the country “illegally”
UNCONSTITUTIONAL like the Arizona law
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Texas: Employer Criminal Charges
Makes it a state felony to knowingly hire an undocumented worker
UNLESS household worker UNCONSTITUTIONAL
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Texas: Birth Records
Would refuse to issue birth certificates to children of undocumented
Defying 14th Amendment birthright citizenship clause
U.S. vs. Wong Kim Ark – U.S. Supreme Court resolved this issue in 1898
UNCONSTITUTIONAL
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Texas: Public Schools
Would require public schools to determine immigration status of students
Little relevancy Public schools are required to educate all
children regardless of immigration status.
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Utah: Temporary Worker Law
Would allow undocumented to register with the state and receive permission to live and work in Utah
UNCONSTITUTIONAL
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QUESTIONS?
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www.nelsonlawtexas.com
http://www.facebook.com/TexImmLaw
Twitter: @TexImmLaw