Transcript Best Practices for Representing Clients in Removal Proceedings

IMMIGRATION: FACTS, VIEWS AND OPTIONS
Day2
ACADEMY FOR LIFELONG LEARNING
Aaron C. Hall, Joseph Law Firm
Continued Discussion of Refugees
Refugees
For 2014, U.S. ranked 14th Worldwide for Number of Refugees Hosted (267,174)
United Nations High Commissioner for Refugees (UNHCR)
For 2013, 2014, and 2015, number of refugees admitted to U.S. capped at 70,000
For 2016, 85,000
For 2017, 100,000
Refugees per 1,000 inhabitants (mid-2015)
Afghanistan-7.14
Armenia-5.22
Australia-1.51
Austria-7.13
Belgium-2.77
Chad-30.97
Costa Rica-0.73
Denmark-3.15
France-4.13
Germany-3.10
Jordan-89.55
Lebanon-208.91
Italy-1.57
Turkey-23.72
United Kingdom-1.82
United States-0.84
Birthright Citizenship
The Constitution as originally ratified used the word “citizen” eleven times, but provided no
definition of the word.
Consequences of no definition of CITIZEN
Dred Scott decision (1857) – denying citizenship to free blacks born in the US
1866 Civil Rights Act – “All persons born in the United States and not subject to a
foreign power, excluding Indians not taxed, are hereby declared to citizens of the United
States.”
1868 Fourteenth Amendment Ratified – “All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the United States and of the
State wherein they reside.”
Elk v. Wilkins (1884) – denying citizenship to an American Indian born within
the geographical territory of the United States, but not “subject to the jurisdiction
thereof,” even if he renounces his tribal membership.
Allotment Act of 1887 – conferred citizenship on most Native American tribes
– subsequent statutes conferred citizenship on all native American tribes at birth.
US v. Wong Kim Ark (1898) – extending jus soli citizenship to a person born
within the territorial jurisdiction of the United States but descended from Chinese
citizens permanently domiciled in the United States. Common law notion: – a child
born subject to the King is born within his protection (except children of foreign
diplomats and enemies of state during hostilities).
Subject to the jurisdiction thereof
No immunity from the law of the state
An alien subject to deportation/removal – is subject to the jurisdiction of the state
Different International criteria for
citizenship
Jus Soli – right of land (citizenship by birth within the territory of the state)
Jus Sanguinis – right of blood (citizenship by birth to citizens subject to the
jurisdiction of the state)
Naturalization
The United States uses a combination of all three to determine citizenship within certain limits.
Other countries may only recognize citizenship based on one or a combination of two categories.
Many countries, including many western democracies, require at least one parent of a person born
within the geographical territory the state legally reside in the state to qualify for Jus Soli
citizenship.
In Switzerland, an individual may only obtain citizenship if he/she descends from Swiss citizens,
creating second and third generations of noncitizens.
Other Possibilities
Nationality – allegiance to the government, but not allowed the full political status of
citizenship. American Samoa & Swains Island.
Voluntary or contractual citizenship – “administrative nightmare” – not a citizen until
voluntarily or contractually subscribe to the polity of the state.
Issues
“Second Generation Problems” – not an issue in the United States, but a problem for
many European countries who invited foreign labor to immigrate, but have denied
citizenship to both them and their children. The practice has led to apathy and unrest
in the descending generations, who feel isolated and disconnected and therefore no
reason to naturalize or participate in the community polity.
Bureaucratic/Administrative burden on citizens
“Anchor Babies”
Costs and Benefits
Public benefits
People without immigration status barred from receiving most public benefits
including food stamps, welfare, medicaid, insurance under ACA.
Pregnant women and mothers of infants can qualify for WIC regardless of
immigration status
However, U.S. citizen children are eligible for benefits just as any other U.S. citizen
would be.
Current Tax Contributions
“[B]est evidence suggests that at least 50 percent of undocumented immigrant
households currently file income tax returns using Individual Tax Identification
Numbers (ITINs), and many who do not file income tax returns still have taxes
deducted from their paychecks.”
Institute on Taxation and Economic Policy (ITEP)
Sales tax, income tax, property taxes
Contributions to Social Security ($13 billion a year)
Crime
Immigrants—regardless of nationality or legal status—are less likely than the native
population to commit violent crimes or to be incarcerated.
“For every ethnic group without exception, incarceration rates among young men are
lowest for immigrants,” “This holds true especially for the Mexicans, Salvadorans, and
Guatemalans who make up the bulk of the undocumented population.”
-Immigration Policy Center per WSJ.
Crime
Sanctuary Cities Policy
Sanctuary Cities
Chilling Effect of local police cooperation with ICE per Police Foundation Report
Border Security
Estimated Net Loss of 140,000 from 2009 to 2014 from Mexico
-various reasons
How to enter the country if border secure? Fake documents? Hidden in car?
Deportation
Who can be deported?
LPRs (abandonment or criminal convictions)
People with nonimmigrant status (failure to mainain status or criminal convictions)
People without immigration status (anyone)
Who is being deported?
Why prioritize?
Current priorities from 11/20/2014 Johnson Memo
Priority 1: Nat’l security, those apprehended trying to enter illegally, gang members,
those with felonies or aggravated felonies (can include misdemeanors)
Priority 2: 3 or more misdemeanors, one significant misdemeanor (including DV,
burglary, firearms offenses, DUI, or any offense where sentenced to 90 days in jail);
those who have significantly abused visa programs
Priority 3: final order of removal after 1/1/2014.
Processes and Procedural Rights
How does deportation proceeding look?
How do they typically start?
Detained and nondetained
Right to be represented by an attorney, examine the evidence against them, present
evidence, cross-examine government witnesses, and apply for relief from
deportation. 8 USC 1229a
Right to apply to become LPR through family through adjustment of status. 8 USC
1255(a), (i)
Right to apply for cancellation of removal 8 USC 1229b
Right to apply for asylum. 8 USC 1158
Enforce the Law?
Court system backlogged with 500,000 cases
Illegal Entry Following Deportation
Up to two years imprisonment
Up to 10 years if conviction for aggravated felony
Questions/Discussion
Aaron C. Hall, Joseph Law Firm, P.C.
[email protected]