Undocumented Immigrants

• Use the term UNDOCUMENTED

• No person can be illegal, only actions are illegal

• Not a crime to be undocumented– Civil violation not

illegal, meaning no criminal record

http://media.portland.indymedia.org/images/2007/06/360993.jpg

Reasons why people have immigrated throughout U.S. History:

• Political freedom• Religious tolerance• Economic opportunities• Political refugees• Freedom• Forced Immigration (slavery)• Family reunification

(L. Samusenko, personal communication, April 8, 2010)

• MYTH: Immigrants don’t want to become citizens.

• FACT: Many immigrants to the U.S. seek citizenship even though the process is extremely difficult, costly, and can take many years.

http://wwu.aclu.org/immigrants-rights/immigration-myths-and-facts

Who are immigrants?

• http://www.nytimes.com/interactive/2009/03/10/us/20090310-immigration-explorer.html

• Top Ten Countries Immigrate to U.S. (2009): – Mexico 7.03 million– El Salvador 570 thousand– Guatemala 430 thousand– Philippines 300 thousand– Honduras 300 thousand– Korea 240 thousand– China 220 thousand– Brazil 180 thousand – Ecuador 170 thousand– India 160 thousand http://www.tburg.k12.ny.us/ms/ms%20images/immigration2.gif

Statistics•14 million Undocumented Immigrants in U.S. as of 2008

•61% from Mexico

•25% live in California

• MYTH: Weak border enforcement has led to high rates of undocumented immigration. We should increase enforcement.

• FACT: Increase border control and fences have done very little to reduce the flow of immigrants across the border and is extremely costly. In addition, the undocumented population has increased due to the difficulty to return to country of origin.

http://wwu.aclu.org/immigrants-rights/immigration-myths-and-facts

U.S Spending on Regulation of Immigration

$94 Billion estimated cost for deportation of undocumented immigrants.

http://www.americanprogress.org/issues/2010/03/pdf/cost_of_deportation_execsumm.pdf

$285billionTotal cost to deportthe undocumentedimmigrant populationand continueborder interdictionand interior enforcementefforts over afive-year period (in2008 dollars).1

$85billionCost of continuingenforcement overa five-year period.

$200billionTotal cost to findand arrest, detain,legally process,and transport theundocumentedpopulation over afive-year period.

Immigration costs to the U.S.– MYTH: Immigrants have a negative impact on the

economy and the wages of citizens and take jobs away from citizens.

– FACT: Immigration has a positive effect on the American economy as a whole and on the income of native-born workers.

http://1.bp.blogspot.com/_js6Ecwn9hcM/R6ymiFPC18I/AAAAAAAAAy8/VeaK4Gpd5RM/s320/money_management.jpg

http://wwu.aclu.org/immigrants-rights/immigration-myths-and-facts

• MYTH: Immigrants are a drain on U.S. social services.

• FACT: Undocumented immigrants pay taxes and social security, which contributes greatly to public revenue. They will never get a return until they become citizens. Immigrants pay sales, income, and property taxes.

http://wwu.aclu.org/immigrants-rights/immigration-myths-and-facts

Current immigration Policies

http://media.photobucket.com/image/immigrant%20sign/gbruno/immigrant.jpg

Current Immigration Policies• How laws are enforced?

– Deportation methods• Purpose:

– To control the number of non-citizens allowed in U.S., why they can be in country, who, and duration of stay

• Alien Act 1798-1917• McCarran-Walter Act of 1952

– Posed current immigration law structure– Created quota system based on nationality– Set up deportation procedure

http://webb.nmu.edu/InternationalPrograms/Images/Immigrationcrop.jpg

Current Immigration Policies• The Governing Law

– Who is immigrant, who is citizen– Who can enter country from

abroad– Determine Visa administration– How immigrants maintain legal

status– Which immigrants can become

permanent residents or naturalized citizens

– Which immigrants can be removed

– Who qualifies as refugee or asylum

Arizona Immigration Law SB1070 of 2010

Defines any undocumented person a “trespasser” Law enforcement have legal right to ask for documentation if they suspect an immigration status: “if reasonable suspicion exists that the person is an alien who is unlawfully present in the U.S”Any offender will be turned over to ICE for deportation

Why comprehensive immigration reform is needed?

• Recession + Immigrants = Economy Stimulation

– Save on detention and deportation fees– New legal immigrants will pay more fees,

fines, and become greater tax-payers– Congressional Budget Office estimate

Treasury revenue $44 Billion net increase over 10 years

• Decrease violence at border regions and decrease drug trafficking

• Create stronger U.S.-Latin American relations and end shameful treatment of Latin workers in U.S. and abroad

• Lessen racism in government and American society

• MYTH: Immigrants, particularly Latino immigrants, don’t want to learn English.

• FACT: Immigrants, including Latino immigrants, understand that it is necessary to learn English in order to succeed in the U.S. and will need to know it for work.

http://wwu.aclu.org/immigrants-rights/immigration-myths-and-facts

Comprehensive reform cont.

• DREAM Act 2009:– The Development, Relief, and

Education for Alien Minors.– Allows undocumented students to

gain citizenship after completing higher education or 2 years of military service.

– Within 6 years of applying for the program

• HB 1079– Low income undocumented students

could qualify for state financial aid• HB 1706:

– Expanding resident student eligibility for purposes of the state need grant program

(R. Guillen, personal communication, May 8, 2010)

• MYTH: Immigrants bring crime to our cities and towns.

• FACT: Immigrants are far less likely to commit crimes because of increased chances of detainment and deportation if caught. Even though undocumented populations have increased in the U.S., crime rates have decreased significantly.

http://wwu.aclu.org/immigrants-rights/immigration-myths-and-facts

Detention Centers/Deportation Ethics• Where are the well-known

centers?– Puerto Rico– Colorado– Florida– New York – California– Texas– Arizona– Georgia– Washington

• North West Detention Center Tacoma Contract Detention Facility

• 1500 beds

http://media.portland.indymedia.org/images/2009/10/394780.jpg

Detention Centers cont.• Business of the centers

– Organizations are privatized• Make profit from number of detainees• U.S. citizen tax money supports privatized detention centers

• Obstruction of rights of immigrants:– Unaware of reasons being detained– Not read Rights in corresponding language– Inadequate access to attorney representation

• Ethical Violations– Inadequate health care– Insufficient nutritious food and living conditions– Language barriers

• ICE– Use criminal enforcement and detention– Immigration Customs Enforcement– There are more than 30,000 detainees and more than 200 facilities in the U. S.

Local Agencies

– www.foodjustice.org – Aguila del Norte Immigrant

Justice Program:• Works with immigrant leaders, local

organizations, elected officials, and law enforcement to provide immigrant support.

• Humane immigration reform • Education for civil and human rights

– www.ccsww.org – Immigrant Services Include:

• Family reunification• Citizenship/naturalization• Adjustments of status (Green Cards)• Travel documents• Employment authorization• Green Card replacement• Mock interviews • Education/Awareness• Multilingual staffStudent Coalition for Immigration Rights

• WWU community organization and allies. • Brings attention to DREAM act and positive social, political, and economic matters• Support for undocumented students

National/State Agencies

• www.aclu-wa.org • Mission: “We work to protect

freedoms of speech and religion, equality, privacy, and fair treatment by government, the rights guaranteed to us by the U.S. Constitution.”

• Immigration Services:– Legal information– Coaching to assert own rights– Advocate services– Referrals– Support

•American Immigration Lawyers Association: WA Chapter • Non-profit organization of over 10,000 attorneys and law professors who practice and teach immigration law•Represent foreign individuals and families to gain residence

How this applies to you!!

• “Don’t Ask Don’t Tell”• What kind of legal and ethical obligations do

you have if you know that an undocumented immigrant is seeking services from your agency?