Broken Bridges, Closed Doors, Narrow Paths:

The US Immigration

System

• Video: A New Dream

• http://g92.org/watch/

Broken Bridges, Closed Doors, Narrow Paths: The

US Immigration System

US Immigration History

• US policy remained completely open to immigration, without any federal restrictions on who could immigrate, until the 1880s

• The “golden door” began to close in 1882, with the Chinese Exclusion Act

• By the 1920s, in a backlash to the great wave of immigrants through Ellis Island, immigration to the US was tightly limited based on national origin, and a visa was required for the first time to enter the US

• Immigration policy changed again in 1965, switching to a family- and employment-based system

Immigration Quotas

• Have not been revised since 1965

• Republican Debate on Immigration

Our Immigration System TodayOur Immigration System Today

The current structure of US immigration The current structure of US immigration law provides four basic ways to get a law provides four basic ways to get a “green card” (i.e. become a legal “green card” (i.e. become a legal immigrant)immigrant)– FamilyFamily– EmploymentEmployment– Diversity LotteryDiversity Lottery– Refugee/AsylumRefugee/Asylum

A broken immigration system

"To the back of the line"

Visa Bulletin Feb 2013

If the letter "C" is designated, this means that an immigrant visa for the category is current

(immediately available) for all priority dates.

If a date is designated instead of the letter "C", a visa is available for foreign nationals with priority

dates of that date or earlier.

Family-Based ImmigrationFamily-Based Immigration

– At least At least 226,000 visas226,000 visas available annually available annually

US citizens and Legal Permanent Residents US citizens and Legal Permanent Residents can file for their immediate familiescan file for their immediate families

ProblemProblem:: However, due to per-country limits However, due to per-country limits and a limited numbers of visas, there is a large and a limited numbers of visas, there is a large backlogbacklog

In some cases, wait times can be up to 20 In some cases, wait times can be up to 20 years (for Filipino siblings of US citizens)years (for Filipino siblings of US citizens)

Employment-Based ImmigrationEmployment-Based Immigration– 140,000140,000 Permanent Resident visas annually Permanent Resident visas annually

Primarily for immigrants with “extraordinary Primarily for immigrants with “extraordinary ability” and “holding advanced degrees”ability” and “holding advanced degrees”Problems: Problems:

– Less than 10,000 permanent visas per year for Less than 10,000 permanent visas per year for “unskilled” laborers, even though our economy “unskilled” laborers, even though our economy requires many more workers in low-wage jobsrequires many more workers in low-wage jobs

– Even permanent visas for highly-skilled workers Even permanent visas for highly-skilled workers are back-logged, because demand is greater are back-logged, because demand is greater than the number of visas available under the lawthan the number of visas available under the law

Diversity LotteryDiversity Lottery– 50,000 visas50,000 visas issued annually issued annually

Must have high school education or two years Must have high school education or two years of professional experience to applyof professional experience to apply

Odds of winning the 2010 lottery were 1 in 272Odds of winning the 2010 lottery were 1 in 272

No Visa Lottery forNo Visa Lottery for– Mexico, the Philippines, India, China, Canada, Haiti, El Mexico, the Philippines, India, China, Canada, Haiti, El

Salvador, England, South Korea, and Poland, among Salvador, England, South Korea, and Poland, among othersothers

Refugees and AsyleesRefugees and Asylees– About 50,000 to 80,000 refugeesAbout 50,000 to 80,000 refugees annually in annually in

recent yearsrecent years– 25,000 individuals granted asylum per year, 25,000 individuals granted asylum per year,

on averageon averageLegally, refugees and asylees are individuals Legally, refugees and asylees are individuals whom the US recognizes as fleeing or facing a whom the US recognizes as fleeing or facing a legitimate fear of persecution on account of:legitimate fear of persecution on account of:

– RaceRace– ReligionReligion– National OriginNational Origin– Political OpinionPolitical Opinion– Membership in a Particular Social GroupMembership in a Particular Social Group– (not poverty, natural disasters, health issues, fear of (not poverty, natural disasters, health issues, fear of

criminal activity, etc.)criminal activity, etc.)

We can tell people “immigrate the legal We can tell people “immigrate the legal way” and to “wait their turn in line,” but for way” and to “wait their turn in line,” but for many there is no line to get intomany there is no line to get intoFor those who do have the right For those who do have the right relationship to a US citizen, the “line” can relationship to a US citizen, the “line” can last for more than two decades!last for more than two decades!Millions have come anyway, either by Millions have come anyway, either by crossing a border or overstaying a crossing a border or overstaying a temporary visa (60%), and are now temporary visa (60%), and are now undocumentedundocumented

Scenarios

Broken system

• Long waits for family reunification

• Not enough work visas

• No legal path for many

• Poverty, conflict, etc., driving people from their homes

• Family, opportunities, safety, drawing them to the U.S.

Enforcement only

• No federal policy changes– Only failed attempts to fix what is broken

• Enforcement– Border security– Increased criminal penalties– Massive increase in detention and deportation

Consequences

• Huge economic costs– Militarization, mass incarceration– Immigrant communities

• Terror

• Broken families– Children separated from parents– Spouses separated

Video: Lost in Detention

• http://www.pbs.org/wgbh/pages/frontline/lost-in-detention/

• Discussion

Enforcement

• Immigration violations are administrative infractions, not criminal

• Operation Streamline

– Criminal penalties for border crossers:

• First offense: up to 6 months

• Second offense: up to 20 years

Enforcement

• Secure Communities

– Using local law enforcement

– Fingerprints sent to FBI and ICE

– Immigrants now afraid to report crimes

– Sheriffs speaking out

– Some cities and states trying to reject

Mass detentions

• New criminal penalties, deportation quotas, lead to mass detentions

• 34,000 detention beds

• http://www.pbs.org/wgbh/pages/frontline/race-multicultural/lost-in-detention/map-the-u-s-immigration-detention-boom/

Mass detention, deportation

• Focus on “serious criminals”? Those who pose a threat to public safety?

– Less than half of those deported have significant criminal convictions

– Others have minor convictions• Drug possession• Immigration-related

Mass detention, deportation

• Who?

– Long time residents

– No criminal history

– Asylum seekers/torture survivors

– Victims of trafficking

– People with US citizenship claims

– Legal Permanent Residents with relief

– Others (e.g., elderly, mentally/physically ill

Mass detention, deportation

• How long?– Months, years

• Where?– Shipped hundreds of miles away– No access to attorneys, family

• Conditions? – Terrible (Tent City)– No recourse for abuse

Who suffers?

• 400,000+ deportations per year

• 46,000 parents with U.S. citizen children deported in first half of 2011

• Over 5000 children currently in foster care

Border enforcement

• 670 miles of border fencing/walls since 2007– $4 billion

• 21,000 border patrol agents (9000 in 2001)

• $18 billion/year on immigration enforcement

– More than all other federal law enforcement agencies combined

Border

Deaths in the Desert

• Oct 2011 – Sept 2012: – 179 bodies found in desert*

*Coalición de Derechos

Humanos Arizona.

Border enforcement

• Unintended consequences

– Increased enforcement increase in undocumented population

– Environment, endangered species

– Landowners, business, tourism

– Cross border communities

Does enforcement work?

• 136+– Number of deaths crossing Berlin Wall,

1961-89

• 4,000+– Number of deaths crossing U.S.-Mexico

border 1998-2010

• Root causes

Who profits?

• Private prison companies

• Defense contractors

• Lobby for more– For Arizona SB 1070– Against CIR

Who suffers?

• 400,000+ deportations per year

• 46,000 parents with U.S. citizen children deported in first half of 2011

• Over 5000 children currently in foster care

• Questions/comments?

http://immigration.mcc.org

http://washington.mcc.org/issues/immigration

@mccwashington - @mccimmigration

© 2013 Mennonite Central Committee

MCC US Immigration Work

•Education

•Advocacy

•Direct Services

?

What’s next?

Immigration Reform – August 2013?-Deferred Action (DACA) - DREAM-13 years – Obama’s Plan-AgJobs – High Tech Jobs-High-End jobs

Resources

-WO Immigration Update