Immigration Law, Policy, and Enforcement in the Trump Era. Hans Meyer Meyer Law Office

Transcription

1 Immigration Law, Policy, and Enforcement in the Trump Era Hans Meyer Meyer Law Office

2 February 21, 2018 Class Outline Introductions Who am I? Who are you? What is this class about? Terminology in Immigration Law Structure of the Immigration Agency and Court System A Very Brief History of Immigration and Immigration Laws in the United States Under Current Immigration Law

3 Immigration Law: Terminology 1) United States citizens -Citizens by birth, citizens by naturalization 2) Lawful Permanent Residents (Green Card) -someone with permission to live and work in the U.S., with limitations on privileges of status 3) Visa Status immigrant and non-immigrant -H1B visas, F1 student visas, J1 visas, and an alphabet soup of other visa statuses

4 Immigration Law: Terminology Immigrant Visa Holder -Has moved to U.S. with no intent of moving back to country of origin -Examples: fiancé visa, spouse visa, VAWA Nonimmigrant (Visitors/Tourists, H1B, Students, Employment-based) Intention to come to the U.S. for a specific temporary period of time for a specific purpose, and with the intent to return to country of origin

5 Immigration Law: Terminology 4) Visa Overstays -someone who entered with a visa and stayed past time permitted 5) Undocumented Immigrants -some who entered without inspection and admission, or who stayed longer that the time permitted on a visa 6) Interim/Temporary Status DACA Status, TPS, Deferred Action -various interim status that convey different privileges (see 3, 4, 5, & 6)

6 Immigration Law: Terminology (DACA) Deferred Action for Childhood Arrivals (DACA) What is it? Who qualifies and what are the requirements? What does DACA status allow you to do? What does it not allows you to do? Why was DACA created? Why was a lawsuit brought against DACA status and what happened? What is the debate around DACA currently?

7 Immigration Law Structure: The Department of Homeland Security (DHS) Department of Homeland Security (DHS) United States Citizenship and Immigration Service (USCIS) Benefits and Apps Customs and Border Protection (CBP) Immigration and Customs Enforcement (ICE) Enforcement and Removal

8 Immigration Law Structure Department of Homeland Security (DHS) the enforcers CBP Customs and Border Patrol (the border and airports) ICE Immigration and Customs Enforcement (immigration policy inside the U.S.) United States Citizenship and Immigration Services (USCIS) the application folks

9 Actors in the Immigration System: USCIS USCIS is the agency that has authority to adjudicate and provide immigration benefits: a) Applications for Lawful Permanent Residency b) Citizenship applications c) Asylum and Temporary Protected Status d) Other affirmative immigration benefits

10 Actors in the Immigration System: ICE ICE is the primary law enforcement arm of the department of homeland security. They have the authority to investigate and arrest persons believe to be removable. They are often involved in: Arresting folks in the local/state/federal criminal justice system Home raids or operations Worksite enforcement (i.e. workplace raids) Bigger investigations related to federal crimes CBP enforces the borders and the ports of entry

11 The Immigration Court System DHS Trial Counsel Respondent and Defense Counsel Immigration Judge

12 Immigration Court System and Appeal Federal Court Board of Immigration Appeals Immigration Courts Across the United States

13 Immigration Law: Terminology immigration court is know as removal proceedings inadmissibility v. deportability (i.e. removability) grounds many immigrants are not eligible for removal proceedings (certain entries at the border, prior orders of removal, other circumstances) many immigrants are subject to mandatory immigration detention during the course of their removal proceedings some folks are eligible to apply for status before the immigration court (what is commonly called relief from removal)

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17 A Brieft History of Immigration Laws 18 th and early 19 th centuries saw free & open immigration. -basically, there were very few immigration law restrictions After the civil war, states sought to pass immigration laws. Supreme Court said regulation of immigration is a federal responsibility.

18 History of Immigration Laws In the Immigration Act of 1891, the federal government assumes direct control of inspecting, admitting, rejecting, and processing all immigrants seeking admission to the United States The 1891 Act created a list of excludable groups: polygamists, persons convicted of crimes of moral turpitude, and those suffering loathsome or contagious diseases. Since that time, the Immigration and Nationality Act has been amended multiple times. In recent history, the most notable changes were in 1986 and in 1996/1997

19 History of Immigration Laws Ellis Island opens in New York Harbor on January 2, Largest and busiest port of entry employed 119 of the Immigration Service's entire staff of 180 in 1893.

20 1986 Legislative Change Amnesty -required employers to attest to their employees' immigration status; -made it illegal to hire or recruit illegal immigrants knowingly; -legalized certain seasonal agricultural illegal immigrants, and; -legalized illegal immigrants who a) entered the United States before January 1, 1982; b) had resided there continuously with the penalty of a fine, back taxes due, and admission of guilt; c) prove they were not convicted of certain crimes; and d) that they possessed minimal knowledge about U.S. history, government, and the English language was the last law that provided a real pathway to status

21 1996/1997 IIRIRA and AEDPA A) Unlawful Presence bars to LPR status B) Criminal conviction bars to status C) Other bars to status D) Impacts of bars on ability to access the immigration system

22 Recent Immigration Policy Issues Attempts at Comprehensive Immigration Reform in 2006 and 2009 Deporter in Chief, Secure Communities, Removal Quotas, and Enforcement Prosecutorial Discretion and the DACA Program in 2012 The 2014 Central American immigrant/refugee surge In 2018, travel bans, using the local CJS for immigration enforcement, Sanctuary City resistance to enforcement only immigration policy

23 How to get legal under Immigration Law MYTHS around obtaining lawful immigration status ( getting legal ): -Marriage to U.S. citizen resolves immigration issues -Having U.S. citizen children (anchor babies) gives a person immigration status -Paying taxes allows a person to apply for immigration status -Being a hard worker/filling a job that is empty allows for immigration status -Being in the country for a long time gives a person immigration status -There is a green card store where you can go to figure it out

24 Options to Get Legal Immigration Status -Family based petitions immediate relatives and preference categories -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 and other types of protection)

25 Married to a U.S. Citizen? Adjustment of Status vs. Consular Processing Bars -false claims to USC, fraud, unlawful presence, convictions -the perm bar and unlawful presence Mixed status families and the truth and myths of chain migration

26 Applying for the Parent of a U.S. Citizen Can t U.S. citizens just apply for their parents? Isn t that chain migration? What s the actual legal and factual answer, as opposed to the cheap pundit answer or political talking point? The Realities of an Application for the Parent of a U.S. Citizen: A U.S. citizen child cannot file petition for parent until age 21 If the parent came into the U.S. unlawfully at any point in the past, there is a lifetime bar to them getting their LPR status, with narrow exceptions Those who are eligible also have to overcome the grounds of inadmissibility for a range of issues that would prevent obtaining status

27 Hypothetics for People Seeking Status A) Visa overstay with U.S. citizen spouse B) EWI/undocumented, one entry, U.S citizen spouse C) EWI two entires, U.S. citizen spouse, three USC kids, owns biz D) Undocumented child, EWI, with LPR parents E) DACA kid with DWAI conviction, no family with status F) EWI, business owner or foreman for 20+ years, USC kids, job creator

28 Employment-based Applications for LPR Status From one non-immigrant visa status to another an alphabet soup of process Robust process of petition, labor certification, proof of offer, not displace U.S. worker, and then show no grounds of inadmissibility Can undocumented people get their status through their employment? Bueller? Bueller? Bueller?

29 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

30 Questions/Discussion