Immigration law is very complex. I went to an information/volunteer meeting week before last and thought I learned a lot but I am still having trouble pulling it all together. I hope this diary is a little bit enlightening and does not result in more confusion. And I hope it is not just stuff that everybody already knows.
First of all, I learned about an organization called the Deportation Defense Legal Network. The DDLN was set up on May 15, 2018, on the one year anniversary of DACA recipient Jean Jiménez-Joseph’s death in immigration detention.
Immigrants in immigration courts are entitled to be represented by counsel, but because deportation is classified as a civil rather than criminal penalty, they do not have a right to a court appointed attorney. Bail can be anywhere from $1500 to $10,000 at the discretion of the judge and must be paid in full (not 10%). It is up to the family to find a lawyer and if a person is detained in the Midwest where there are no detention facilities they are taken to a county jail, which may be miles away.
So picture yourself, snatched off the street or from your home or place of work by ICE, sitting in a county jail in East Bumblefuck, no attorney, no money, and miles away from your family.
According to the American Immigration Council:
• Immigration detainees with representation are ELEVEN TIMES more likely to seek relief (32% with counsel vs 3% without).
• Immigration detainees with representation are FOUR TIMES more likely to be released (44% with counsel vs 11%without).
• Immigration detainees with representation are TWO TIMES more likely to obtain the immigration relief they sought (49 % with counsel vs 23% without).
The DDLN recruits attorneys, who do not have to be immigration lawyers, but receive training and commit to taking 1-2 pro bono cases per year. Already 50 lawyers including those at four major law firms in Kansas City have volunteered to work with the network.
I thought it might help to have a glossary of immigration terms. I hope I am not just repeating what people here already know.
Glossary
Asylee — a person who meets the definition of refugee and is already present in the United States or is seeking admission at a port of entry. Asylees may apply for LPR (legal permanent resident also known as green card) status one year after their grant of asylum.
Refugee — a person located outside of the United States who demonstrates that they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group and is not firmly resettled in another country. Refugees are required to apply for LPR status one year after arrival.
All other categories of immigrants eligible for LPR status (family re-unification, immigrant workers, diversity lottery, etc.)
Eligibility for federal benefits (Medicare, CHIP, TANF, SNAP, SSI) is quite complicated. You can read about it here, but I'm not going to try to summarize. To over simplify, though, immigrants are not eligible until they have been here for five years. Refugees and asylees, on the other hand, are eligible from the time they get here/granted asylum, but only for five years. There are a lot of exceptions and stipulations, however.
LPRs are eligible to apply for citizenship after five years. The clock starts at the time of entry for refugees and at the time of granting asylum status for asylees. In other words, if someone obtains LPR status after one year in the U.S., then they are eligible to apply for citizenship after four years.
Non-immigrants — This status is for people who enter the U.S. on a temporary basis – whether for tourism, business, temporary work, or study. Once a person has entered the U.S. in non-immigrant status, they are restricted to the activity or reason for which they were allowed entry.
TPS — Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing problems that place their nationals at risk if deported there or that would compromise the foreign government’s ability to absorb the return of its nationals. TPS designations can be made for 6, 12, or 18 months at a time. TPS recipients are not eligible to apply for LPR status. This is currently being litigated.
Improper entry — Under federal law, it is a crime for anyone to enter into the US without the approval of an immigration officer -- it's a misdemeanor offense that carries fines and no more than six months in prison.
Unlawful presence — is defined as presence after the expiration of the period of stay authorized by the Department of Homeland Security, or any presence without being admitted or paroled. This is a civil, not a criminal offense. When someone is subjected to deportation, they are being sued by DHS in the Department of Justice.
There are no precise numbers for the percentage of improper entries versus visa overstays. The estimate of overstays that is usually given is ~40%. The Center for Migration Studies (not to be confused with the Center for Immigration Studies, an SPLC designated hate group) estimates that of those who arrived to join the undocumented in 2014, 66% were overstays.
CPB -- U.S. Customs and Border Protection, an agency of DHS. CBP is charged with border enforcement at ports of entry.
ICE -- U.S. Immigration and Customs Enforcement, an agency of DHS. ICE is responsible for enforcing immigration laws within the remaining areas of the U.S. In addition to investigating, arresting, and detaining illegal aliens, ICE is also responsible for the removal of aliens.
CPB is the organization responsible for what is going on at the border, not ICE. People sometimes use the two interchangeably. CPB is border. ICE is internal.
CIS -- U.S. Citizenship and Immigration Services. USCIS is the agency within DHS that is responsible for the adjudication of applications for immigration benefits. For example, CIS determines whether applications for permanent residency and citizenship will be granted. CIS is not a law enforcement agency but it does have the power to place individuals before an immigration judge.
Immigration Court System — The immigration court is an independent administrative court system run by the Department of Justice. Immigration judges are appointed by the Attorney General.
All of this sounds like it is supposed to work pretty fairly. The problem is that it doesn’t. Thugs in ICE go after low hanging fruit rather than actual criminals. Rekha Sharma-Crawford, an immigration lawyer who spoke at a forum I went to in July, spoke about USCIS caseworkers in Wichita who were being rewarded for rejecting applications and punished for approving them. (She was the lawyer who represented Syed Ahmed Jamal).
Two Systems of Justice: How the Immigration System Falls Short of American Ideals of Justice
Additional Resources
American Immigration Council
National Immigration Law Center
Human Rights Watch |United States | Immigration
ACLU | Immigrant Rights