IMMIGRATION FACTS

Susan I. NelsonWaco League of Women Voters

March 15, 2011

FACTS: Population

38 million immigrants in U.S. today (12.5%)– Majority are Naturalized Citizens and Legal

Permanent Residents

FACTS: Population

@11.9 million undocumented in the U.S. @1.7 million undocumented in Texas How:

– Entered without authorization (not necessarily unlawfully)

– Entered on a visa and overstayed

FACTS: Military

Over 20,000 LPRs serve in the U.S. military

FACTS: “Anchor Babies”

Children born in U.S. are U.S. Citizens (unless their parents are diplomats, etc.)

At age 21, they can petition for their parents to receive LPR status

BUT parents who entered the U.S. unlawfully must return to their home country to receive LPR and there they face BARS to re-entry

FACTS: Taxes

Undocumented immigrants pay property and sales taxes

Many undocumented persons pay into the Social Security system but receive no benefits– by 2007, the Social Security trust fund had

received a net benefit of somewhere between $120 billion and $240 billion from unauthorized immigrants.

FACTS: Taxes

IRS estimated for 2005 @$9 billion in taxes were paid on @$75 billion in wages from mismatched Social Security numbers– Most of these funds go unclaimed and into the

Social Security system Many undocumented immigrants pay taxes

using ITINs – reported tax liability of @$50 billion from 1996-

2003

FACTS: Social Services

Undocumented persons are not eligible for most social services (food stamps, TANF, Medicaid)

Limited exceptions: immunizations, disaster relief, ER care, WIC

FACTS: Schools

Public schools are required to educate all children regardless of immigration status. Pyler v. Doe (U.S. 1982)

Students who graduate from Texas HS and have 3 years residence can attend Texas universities and pay in-state tuition

IMMIGRANT STORIES

AMBER

Amber came to Texas with her family at age 6 with visitor visas. Her grandfather filed a petition for the family, but they are still

waiting for LPR status. Amber has attended Texas schools, and graduated from a

Texas H.S. with honors. She cannot get a DL. She cannot work legally (even after she receives a college

degree). She can attend a Texas University and pay in-state tuition BUT

she cannot qualify for federal financial aid. She will be over age 21 and will not qualify for LPR status with

her family once there is a visa available.

JOHN

John came as a student but stayed beyond the time allowed on his visa.

His employer filed a Labor Certification application for him in 2002

He has an approved petition but his priority date is not yet current

Once he has a current visa date, he must return to his home country to get his permanent residence

Once he leaves the U.S., he is barred for 10 years from applying for permanent residence

CARL

Carl came to the U.S. through the river in Texas 12 years ago.

He has 3 U.S. Citizen children. He was stopped by the police because his

inspection sticker was out of date. He was turned over to ICE and put into

removal (deportation) proceedings. He will probably be deported because his U.S.

Citizen children do not have serious medical or educational needs.

DEPORTATION

Cost of Deportation

@11.9 million undocumented in U.S. $12,500 to deport 1 person 393,000 people deported last year $5 billion spent deporting people last year $137 billion estimated cost to deport all

undocumented

Secure Communities

ICE program largely responsible for dramatic increase in deportations

Local law enforcement sends info to ICE on all arrestees

ICE processes all immigrants regardless of the crime for which they were arrested (or charged) or their past record

Leads to racial profiling in arrests

Immigration Court Backlog

National backlog of cases in Immigration Courts has reached an all-time high, with nearly 248,000 cases pending nationwide.

Texas alone had 23,234 pending cases

Human Costs of Deportation

@88,000 parents of U.S. citizen children were deported between 1997 and 2007

FEDERAL SOLUTIONS

EARNED LEGALIZATION

Alternative to mass deportation NOT AMNESTY Provides a path for unauthorized people

living and working in the U.S. to become LPRs– Employment, education key – Good moral character

DEPORT SERIOUS CRIMINALS

ICE should concentrate its efforts on deporting serious criminals and recent border crossers

ICE should not place individuals arrested for minor things like driving without a license into removal proceedings

DREAM ACT

Provide path to legalization for children who– Came to the U.S. prior to 15– Graduate from a U.S. high school or receive GED– 2 years college or military service

Will not be able to sponsor family members for 15+ years

Fix Dysfunctional System

Make Employment system responsive to the needs of U.S. employers for temporary and permanent workers– AgJobs– Skilled workers– Unskilled workers

Fix Dysfunctional System

Alleviate the multi-year backlogs that keep families separated.– Spouses of LPRs must wait 7-10 years for green

cards to become available and be processed.– Adult children on USCs and LPRs must wait for 4-

23 years. Eliminate the BARS to relief

– Prevent those otherwise eligible for LPR status from receiving their green card

TEXAS

TEXAS DRIVERS LICENSES

A valid SS# is required to obtain or renew a DL in Texas

Applicants must prove that they are either U.S. citizens or have legal immigration status in order to obtain a DL

Unlicensed drivers cannot get insurance = unlicensed drivers on our roads

TEXAS: PROPOSED LAWS

Immigration is a federal function reserved to the federal government under the U.S. Constitution

Attempts by the states to regulate immigration are generally UNCONSTITUTIONAL

Texas: “Sanctuary Cities”

would prevent governmental entities from adopting policies that prohibit law enforcement from asking a person legally detained or arrested their immigration status.

Texas: Arizona-like laws

Focuses on finding and arresting undocumented immigrants

Makes it a state crime to be in the country “illegally”

UNCONSTITUTIONAL like the Arizona law

Texas: Employer Criminal Charges

Makes it a state felony to knowingly hire an undocumented worker

UNLESS household worker UNCONSTITUTIONAL

Texas: Birth Records

Would refuse to issue birth certificates to children of undocumented

Defying 14th Amendment birthright citizenship clause

U.S. vs. Wong Kim Ark – U.S. Supreme Court resolved this issue in 1898

UNCONSTITUTIONAL

Texas: Public Schools

Would require public schools to determine immigration status of students

Little relevancy Public schools are required to educate all

children regardless of immigration status.

Utah: Temporary Worker Law

Would allow undocumented to register with the state and receive permission to live and work in Utah

UNCONSTITUTIONAL

QUESTIONS?

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