Immigration in the Age of Trump

Transcription

1 Before the law sits a gatekeeper. To this gatekeeper comes a man from the country who asks to gain entry into the law. But the gatekeeper says that he cannot grant him entry at the moment. The man thinks about it and then asks if he will be allowed to come in later on. It is possible, says the gatekeeper, but not now. Franz Kafka, Before the Law Immigration in the Age of Trump Course Leaders: Hans Meyer & Aaron Hall

2 Hans Meyer Founder Meyer Law Office, P.C. Immigration Law and Criminal Defense Grew up in Aurora, previously worked and traveled in Guatemala and Chiapas, Mexico. Former Director of Public Policy for Colorado Immigrant Rights Coalition

3 Aaron Hall Partner at Joseph Law Firm P.C. Grew up in Centennial, previously worked and studied lived in Lima, Peru. Immigration Law: Deportation Defense Family-based immigration Immigration Consequences of Criminal Convictions

4 Expertise United States Immigration Law Enforcement policy Family-based and removal based applications Not necessarily experts in all things related to the history of migration or even all things U.S. immigration

5 Questions during course We are attorneys and advocates and our opinions will surely show minutes at the end for questions/comments/discussion Keep in mind that some topics will be discussed in depth in future sessions If something said is unclear, feel free to ask right away

6 Frequently asked questions Why Immigration Law? What does an immigration lawyer do? Do clients pay you? Business must be good (sigh)

7 Diving in "It would seem that should be a simple issue with a clear answer, but this is immigration law where the issues are seldom simple and the answers are far from clear." Alanis-Bustamante v. Reno 201 F.34d 1303 (11th Cir. 2000) "...we are in the never-never land of the Immigration and Nationality Act, where plain words do not always mean what they say." Yuen Sang Low v. Attorney General, 479 F.2nd 820 (9th Cir. 1973) this court, despite many years of legal experience, finds that [immigration regulations] yield up meaning only grudgingly and that morsels of comprehension must be pried from mollusks of jargon. Kwon v. INS, 646 F.2nd 909 (5th Cir. 1981)

8 Terms Lawful Permanent Residents (aka LPRs, Green Card Holders) United States citizens Citizens by birth, citizens by naturalization

9 Terms Immigrant Has moved to U.S. with no intent of moving back to country of origin Nonimmigrant (Visitors/Tourists, Students, Employment-based) Intention to return to country of origin

10 Alphabet Soup of Agencies What about INS? DOS? DOL? DOJ? DHS ICE USCIS CBP

11 Terms Work Permits Do not necessarily mean that a person has immigration status. Pending applications, DACA

12 Unauthorized Immigrants Illegal Immigrants, Illegals, Undocumented Workers, Without Status, Unlawfully present Aliens Issues with these terms.

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16 Comparisons U.S. Citizens Green Card Holders Temporary Visas Without Status

17 Birthright Citizenship 14 th Amendment (adopted 1868): Any person born or naturalized in the United States, and subject to the jurisdiction thereof, is a citizen of the United States and of the State wherein they reside.

18 President Trump on 10/30/2018 to Axios: "You can definitely [end birthright citizenship] with an Act of Congress. But now they're saying I can do it just with an executive order." "We're the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States... with all of those benefits. It's ridiculous. And it has to end. It's in the process. It'll happen... with an executive order."

19 United States v. Wong Kim Ark (1898)

20 Are children born to undocumented subject to the jurisdiction Plyler v. Doe (1982) Court splintered over the specific question of public education But all nine justices agreed that the Equal Protection Clause protects legal and illegal aliens alike. And all nine reached that conclusion precisely because illegal aliens are subject to the jurisdiction of the U.S., no less than legal aliens and U.S. citizens.

21 -James C. Ho, Firth Circuit Court of Appeals Judge (appointed 2017) Any doubt about whether the 14 th Amendment reaches all born in the U.S. without regards to immigration status of parents put to rest in Plyler v. Doe (1982)

22 Birthright Citizenship Not punished for sins of parents Assimilation vs. Generations of Stateless Administrative Burden on All Birth tourism

23 Citizenship by Naturalization LPR for 5 years (3 if married to a U.S. citizen) Person of Good Moral Character Convictions, tax issues, infidelity Spent more than half of last 5 years in U.S. English Test Civics and History Test

24 Test yourself How many amendments does the Constitution have? We elect a U.S. Senator for how many years? The House of Representatives has how many voting members? Under our Constitution, some powers belong to the federal government. What is one power of the federal government? When was the Constitution written? Name one U.S. territory.

25 How to get legal Myths: Marriage to U.S. citizen resolves immigration issues. Having U.S. citizen children gives a person immigration status

26 Options to Get Legal Immigration Status Family based petitions Employment based petitions Asylum Temporary Protected Status (only for those from designated countries) Relief in Removal Proceedings (e.g. cancellation of removal) Deferred Action (including DACA)

27 Married to a U.S. Citizen? Adjustment of Status vs. Consular Processing Bars false claims to USC, fraud, unlawful presence, convictions the perm bar Mixed status families

28 Parent of a U.S. Citizen Anchor? Path to lawful status for the parent? Child cannot file petition for parent until age 21. At that time, parent must be eligible to be admitted in LPR status or consular process (but they may not be eligible)

29 Employment-based petitions Cannot adjust from undocumented to employment based visa or green card Must leave country Bars Non-immigrant intent issue

30 Costs for Immigration Applications Applying for adjustment of status through family member ($1,760) Waivers ($930) Naturalization ($725)

31 Questions and Comments