Legal (and Illegal) Immigration

1 Legal (and Illegal) ImmigrationGreg R. Mier Onebane Law...

Author: Cornelius Gray

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2 Presentation Outline Basic Immigration DocumentsBasic Immigration Options: Illegal Immigration Legal Immigration Hot Immigration Issues Syrian Refugees © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

4 Immigration Documents - PassportTravel document Certifies identity and nationality Government issued Issued to citizens Replaces birth certificate, driver’s license, and other documents Apply at: Clerk of Court Post Office on Moss Street Basically a travel document. Certifies the identity and nationality of its holder for the purpose of international travel. Usually issued by a country's government. Most countries issue passports to their citizens. U.S. not the only country that issues passports. Replaces a birth certificate and driver’s license and other documents to prove identify and nationality. Apply at Clerk of Court, Post Office on Moss Street © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

12 Immigration Documents -VisaForeigner seeking to enter U.S. generally must generally first obtain a visa. Placed in traveler’s passport booklet. Several types, depending on why traveling to U.S. Issued by consular officers at U.S. Embassies or Consulates. Allows travel to a port of entry, airport, or land border crossing, and request permission of the Department of Homeland Security (DHS), Customs and Border Protection (CBP) Officer to enter the United States. Does not guarantee permission, but goes along way toward obtaining permission. U.S. citizens do not need visas to enter U.S., but may need visa from another country to enter that country. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

13 Visa Qualifications Not Everyone Qualifies Generally disqualified for:Health-related reasons Economic reasons Crimes Moral reasons Security reasons, such as terrorism Fraud and misrepresentations Violation of immigration laws - Health related reasons – communicable diseases such as active tuberculosis, leprosy, syphillis, gonorrhea, cholera, plague, smallpox, yellow fever. - Economic reasons – people likely to become a public charge; factors – age; health; family status; assets, resources, and financial status; and education and skills. - Crimes involving moral turpitude. Crimes that are morally reprehensible and intrinsically wrong. Examples – aggravated battery; child/spousal abuse; aggravated DUI; kidnapping; murder; robbery; terrorism; incest; bigamy; prostitution; rape - Moral reasons – coming to U.S. to practice polygamy - Security reasons – terrorism, espionage - Fraud and misrepresentation – misrepresent material fact to obtain visa or other immigration benefit - Violation of immigration laws - - Boy George denied in 2008 because of conviction for assault and false imprisonment - Amy Winehouse banned from U.S. in 2009 because of drug convictions - Singer Cat Stevens was denied in 2004 because he converted to Islam, changed his name to Yusuf Islam, donated tens of thousands of dollars to the militant Palestinian group Hamas, resulting in him being placed on a government watch list. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

14 Mohamed Atta Visa One of the 911 hijackers. From Egypt.Visa issued at U.S. Embassy in Berlin, Germany. Visa issued on May 18, 2000. He attended flight training in Florida. He was on American Airlines Flight 11, which crashed into the North Tower. Terrorist attacks occurred on September 11, 2001. He was 33 years old. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

15 Permanent Resident Card “Green Card”Serves as proof that its holder, a lawful permanent resident (LPR), has been officially granted immigration benefits, which include permission to reside and take employment in the United States. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

17 Legal v. Illegal Immigration~ 325 million people living in U.S. ~ 41 million are foreign-born (12.6%) ~ 9.7 million foreign-born in 1960 (5.2%) ~ 30 million are here legally ~ 10 million enter per year, but most do not stay ~ 11 million are here illegally Trump says over 30 million, FWIW ~ 4.4 million of the 11 million (40%) entered legally, but allowed their legal status to expire 12.8 % of total population foreign born. 9.4 % of total population here legally. 3.5 % of total population here illegally; Trump says more than 30 million here illegally. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

21 Illegal Immigration – Why?Better and free education Plyler v. Doe, 457 U.S. 202 (1982) – State may not deny access to a basic public education to any child residing in the State, whether present in the United States legally or otherwise. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

22 Illegal Immigration – Why?Better living conditions Couple from Mexico who lived illegally in Houston since 1996. Obtained an Individual Tax Identification Number and a Texas Driver’s license number, which enabled them to secure a mortgage to purchase their home in 2002. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

24 Illegal Immigration – Why?Long waits for some visas U.S. citizen seeking green card for unmarried son/daughter – 7 years U.S. citizen seeking green card for unmarried son/daughter from Mexico – 21 years U.S. citizen seeking green card for married son/daughter – 11 years U.S. citizen seeking green card for married son/daughter from Mexico – 21 years U.S. citizen seeking green card for brother/sister – 12 years U.S. citizen seeking green card for brother/sister from Mexico – 18 years © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

25 Illegal Immigration – Why?Less expensive to enter illegally Non-immigrant visa filing fees - hundreds of dollars Immigrant visa filing fees - thousands of dollars Legal fees at least $1,500 per applicant, but can be as high as $6,000 per applicant Less expensive than entering legally No filing fees No legal fees © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

28 Illegal Immigration – Why?Escaping war, oppression, poverty, income inequality, drug and gang related violence Poverty and income disparity has been a persistent problem in Mexico. The overall poverty rate is 44.2%. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

29 Illegal Immigration – Why?Terrorism? Reports yesterday that 8 Syrians were caught trying to the cross the Mexican-U.S. border illegally at the Laredo port of entry. 6 Syrians captured in Honduras with fake passports. Traveling to U.S. by land. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

30 Illegal Immigration – How?Porous border States have tried to create their own immigration laws, but the courts have struck down those laws if they infringe upon the federal government’s immigration duties. One example is an Arizona law (S.B. 1070) signed by Governor Jan Brewer in 2010, which requires immigrants to carry proof of their legal residence. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

33 Illegal Immigration – How?Little or no border patrol agents in some places on border Border Patrol Agents do not have unfettered access to land designated as national parks and national monuments along the border. Park Rangers are not equipped and adequately funded to handle the illegal immigration problem. On may 21, 2014, President Obama designated 496,330 acres on the U.S. Mexico border as Organ Mountains-Desert Peaks National Monument. 31 mile southern boundary on U.S.-Mexico border. On any given night, park rangers estimate up to 1,000 illegal immigrants are inside the park crossing from Mexico to U.S. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

34 Illegal Immigration – How?Sanctuary cities Sanctuary Cities - Cities in the United States or Canada that have policies designed to not prosecute illegal aliens. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

36 Illegal Immigration Closing RemarksVery political issue Signature issue for President-elect Trump Strong forces on each side of the issue Federal government has waited too long to implement solutions Two sides of illegal immigration issue: Those that favor illegal immigration: Illegal immigrants takes jobs that Americans do not want Illegal immigrants pay taxes Illegal immigrants should be allowed to chase the American dream, like our ancestors Those that do not favor illegal immigration: Illegal immigrants increase crime in U.S. and burden court and prison systems Illegal immigrants burden social service systems and account for billions of dollars in unpaid health care and food assistance programs Illegal immigrants crowd school systems and cost more to educate U.S. children Illegal immigrants cause high unemployment for low-skilled Americans © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

38 Legal Immigration Temporary v. Permanent Temporary PermanentIssued non-immigrant visa No intention of remaining permanently Must show that they have ties to their home country that would make them return Permanent Issued immigrant visa Intention of remaining permanently Temporary (Non-Immigrant) visa is for someone who enters the United States with the intention of remaining temporarily. Permanent (Immigrant) visa is for someone who enters the United States with the intention of remaining in the U.S. permanently. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

39 Legal Immigration - VisitorsB-1 or B-2 visa For persons who want to enter the United States temporarily for: - business (visa category B-1), - tourism, - pleasure or visiting (visa category B-2), or - a combination of both purposes (B-1/B-2). Typical stay 6 months. Can be extended. Cannot attend school. Cannot participate in gainful employment, but can conduct business for foreign employer – negotiating contracts, consulting with clients or business associates, or attending conventions. Can visit for tourism, to see friends and relatives, for health/medical purposes, to participate in amateur musical, sports, or similar events. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

40 Legal Immigration Students and TraineesF-1 visa. M visa. J visa. H-3 visa. F-1 visa for full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. Must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students. Can stay as long as still in school. Can obtain practical training after obtaining degree. M visa for vocation students. J-1 visa for exchange students. H-3 visas for trainees invited by individual or company for purpose of receiving training or instruction © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

42 Business Personnel Immigrant VisasFive Preferences (1) Priority Workers (2) Members of Professions Holding Advance Degrees or Aliens of Exceptional Ability (3) Professionals, Skilled and Other Workers (4) Special Immigrants (5) Investors © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

43 Business Personnel Immigrant VisasFive Preferences: 1st Preference – Priority Workers Persons of extraordinary ability Outstanding professors and researchers Multinational executives and managers Persons of extraordinary ability in sciences, arts, education, business or athletics demonstrated by sustained national or international acclaim Outstanding professors and researchers who have been recognized internationally as outstanding in a specific academic area. Multinational executives and managers employed by companies that have offices in other countries and want to transfer an executive or manager into the U.S. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

44 Business Personnel Immigrant VisasFive Preferences: 2nd Preference – Members of Professions Holding Advance Degrees or Aliens of Exceptional Ability People with Masters degree or equivalent People who, because of their exceptional ability in sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the U.S. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

45 Business Personnel Immigrant VisasFive Preferences: 3rd Preference – Professionals, Skilled and Other Workers Professionals – Baccalaureate degree or equivalent Skilled Workers – Full-time permanent job requiring at least 2 years training or work experience Other Workers – Job requiring less than 2 years of training and work experience © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

46 Business Personnel Immigrant VisasFive Preferences: 4th Preference – Special Immigrants Religious Workers Employee of U.S. government abroad for 15 years Panama Treaty Canal employees International Medical Graduates U.S. Service Members on active duty for 12 years Translators with U.S. Armed Forces Iraqis providing faithful and valuable service to U.S. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

47 Business Personnel Immigrant VisasFive Preferences: 5th Preference – Investors Must invest in new commercial enterprise Must invest $1,000,000 ($500,000 in some cases) New commercial enterprise must employ 10 full-time workers © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

48 Business Personnel Non-Immigrant VisasThese are some of the temporary (non-immigrant) worker classifications. E visa – Treaty Traders/CNMI Investor/Treaty Investors E-3 visa - Certain Specialty Occupation Professionals from Australia H-1B Specialty Occupations and Fashion Models H-1C Registered Nurse H-2A Agricultural Workers H-2B Non-Agricultural Workers H-3 Nonimmigrant Trainee L-1A Intracompany Transferee Executive or Manager L-1B Intracompany Transferee Specialized Knowledge O-1 Individuals with Extraordinary Ability or Achievement P-1A Internationally Recognized Athlete P-1B Member of Internationally Recognized Entertainment Group P-2 Performer or Group Performing under Reciprocal Exchange Program P-3 Artist or Entertainer Part of a Culturally Unique Program R-1 Temporary Religious Workers TN NAFTA Professionals © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

50 Legal Immigration Family MembersFamily-based immigration divided into two, mutually exclusive categories: (1) Immediate relative petitions (2) Preference-based petitions © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

51 Immediate Relative PetitionsImmediate relative petitions are those filed by a USC for the USC’s: Parent Spouse Child For parent, petitioning USC child must be 21 or older For spouse, can be opposite sex or same sex For child, must be unmarried and less than 21 No wait times for immediate relative petitions © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

52 Preference-Based PetitionsFour categories: (1) Unmarried sons and daughters of USCs (not “children”) (2) Spouses and unmarried children of LPRs (2A) and unmarried sons and daughters of LPRs (2B) (3) Married sons and daughters of USCs (4) Brothers and sisters of USCs © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

53 Preference-Based PetitionsWait times: 1st preference 2nd preference (2A) 2nd preference (2B) 3rd preference 4th preference Unmarried sons and daughters of USCs (not “children”) (2) Spouses and unmarried children of LPRs (2A) and unmarried sons and daughters of LPRs (2B) (3) Married sons and daughters of USCs (4) Brothers and sisters of USCs © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

54 Legal Immigration Diversity Visa ProgramApproximately 55,000 immigrant visas issued randomly to applicants from “low admission areas.” Basically an immigrant visa lottery. Applicants must have high school diploma or equivalent (GED not equivalent, Or Within 5 years of applying, at least 2 years experience in an occupation that requires at least 2 years’ training or experience. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

55 Legal Immigration - AsylumFor aliens in the United States or at a port of entry who are found to be unable or unwilling to return to their country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien’s race, religion, nationality, membership in a particular social group, or political opinion. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

56 Legal Immigration - RefugeesPerson who is outside their home country because: - they have suffered (or feared) persecution on account of race, religion, nationality, or political opinion; - they are a member of a persecuted social category of persons; or - they are fleeing a war. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

58 Syrian Refugee Crisis Syria involved in civil war for 4 yearsSyria is divided into territories occupied by Syrian regime (led by President Assad), Syrian rebel fighters, and various Islamic extremist groups, including the Islamic State of Iraq and Syria (ISIS), an Iraq faction of al Qaeda More than 4 million people have left war-torn Syria seeking refuge in other countries © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

61 Syrian Refugee Crisis Obama administration has agreed to accept 10,000 Syrian refugees in 2016 and 100,000 more Syrian refugees in 2017 Widespread concerns that members of Islamic terrorist groups are posing as Syrian refugees to sneak into U.S. to carry out terrorist attacks © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

62 Syrian Refugee Crisis Those in favor of accepting Syrian refugees say:U.S. must continue to be global humanitarian leader and protect refugees from every part of the world. Syrian refugees are fleeing exactly the kind of terror which unfolded last week in Paris. They need protection and assistance, not closed borders. No one who enters the U.S. is given more careful scrutiny than refugees, and there is absolutely no need for Congress to pass any additional security measures. © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

63 Syrian Refugee Crisis Syrians refugees qualify as refugees under U.S. laws because they are fleeing a war Not a legal issue, but more of a political issue pitting U.S.’s national security interests versus U.S.’s obligation to provide humanitarian relief Stay tuned © 2016 Onebane Law Firm Copyright 2016 Onebane Law Firm

65 Executive Action President Obama announced Executive Action on 11/20/2014 in nationally televised speech Stated immigration system is “broke” because some “play by the rules [but] watch others flout the rules.” Stated that lack of substantive legislation necessitated his administration to take action. Purpose: To “make our immigration system more fair and more just.” Copyright 2016 Onebane Law Firm

66 Executive Action Four Prongs: (1) Build on progress at the border(2) Make it easier and faster for high-skilled immigrants, graduates, and entrepreneurs to come and stay (3) Deal with millions of undocumented immigrants already here (4) Prioritize deportations Copyright 2016 Onebane Law Firm

67 Executive Action Third Prong: - Been in U.S. more than five years- Have children who are U.S. citizens are legal residents - Pass criminal background check - Willing to pay fair share of taxes Then, can apply for temporary protection from deportation and apply for work authorization. Copyright 2016 Onebane Law Firm

68 Executive Action Third Prong Does Not Grant:U.S. citizenship Right to permanent resident status Entitlement to benefits of citizenship Third Prong Does Not Apply To: Those who have recently come to U.S. Those who might come in the future Copyright 2016 Onebane Law Firm

69 Executive Action Fourth Prong (prioritize deportations)Priority 1 – Threats to national security, border security, and public safety Priority 2 – Misdemeanants and new immigration violators Priority 3 – Other immigration violations Priority 1 includes those who: are engaged in or suspected of terrorism or espionage; are apprehended attempting to enter the U.S.; have been convicted of an offense involving gangs; have been convicted of a felony “other than a state or local offense for which an essential element was the alien’s immigration status; and have been convicted of an “aggravated felony.” Priority 2 includes those who have been: Convicted of three or more misdemeanor offenses arising out of three separate incidents (other than minor traffic offenses or state or local offenses involving their immigration status) Convicted of a “significant misdemeanor” Apprehended after “unlawfully entering or re-entering the U.S. and cannot establish they have been in U.S. for more than five years Found to have significantly abused the visa or visa waiver program (e.g., overstays). Priority 3 includes those who have been issued a final order of removal on or after January 1, 2014. Copyright 2016 Onebane Law Firm

70 Executive Action U.S. District Court in Western District of Pennsylvania has ruled Executive Action (EA) Unconstitutional (Decided 12/16/14) Court referred to President Obama’s historical position that EO/EA on immigration would exceed his executive authority Court held congressional inaction does not make EA constitutional Court held EA goes beyond prosecutorial discretion Congressional inaction: - Court held that Congress’s lawmaking power is not subject to Presidential supervision or control. - Perceived or actual Congressional inaction does not endow legislative power with the executive. - President Obama stated for those members of Congress who question his wisdom or authority, they should pass a bill that he can sign into law. Court said presidential action cannot serve as a bargaining chip against the legislative branch. Prosecutorial Discretion - Court acknowledged that presidents and certain members of their administrative agencies may exercise prosecutorial discretion over certain criminal matters on a case-by-case basis. - Regarding immigration, prosecutorial discretion allows the president to decide: - whether to issue, serve, file, or cancel a Notice to Appear; - whom to stop, question, and arrest; - whom to detain or release; - whether to settle, dismiss, appeal, or join in a motion on a case; and - whether to grant deferred action, or a stay of removal instead of pursuing removal - Obama’s EA goes beyond prosecutorial discretion because: - it provides for a systematic and rigid process by which a broad group of individuals will be treated differently based on arbitrary classifications, rather than a case-by-case basis; - it allows undocumented immigrants, who fall within these broad categories, to obtain substantive rights. Copyright 2016 Onebane Law Firm

71 Ruling Against Executive ActionOn November 10, 2016, the 5th Circuit Court of Appeals affirmed the trial court’s ruling to block President Barack Obama's controversial executive actions on immigration. Copyright 2016 Onebane Law Firm

Legal (and Illegal) Immigration

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