myths & facts of immigration in the u.s

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MYTHS & FACTS OF IMMIGRATION IN THE U.S. Presented by Sara Dady, Attorney Dady Law Office 2222 E. State St, Ste 101A Rockford IL 61104. IMMIGRATION MYTHS. It’s easy to immigrate to the U.S. It’s a federal crime to be unlawfully present in the U.S. - PowerPoint PPT Presentation

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  • MYTHS & FACTS OF IMMIGRATION IN THE U.S.Presented by Sara Dady, AttorneyDady Law Office2222 E. State St, Ste 101ARockford IL 61104

  • IMMIGRATION MYTHSIts easy to immigrate to the U.S.Its a federal crime to be unlawfully present in the U.S.Immigrants are burdens to US medical/social servicesImmigrants- especially undocumented immigrants- are more likely to commit crimesImmigrants these days dont want to assimilate to our cultureMass deportation is easy and cheap

  • Immigrant Demographics - USImmigrants make up 12% of US population- was 15% a century ago (3.5% of total US population are undocumented) and account for 14.5% of workforceEstimated 31 million foreign-born residents in the U.S. 63% documented/37% undocumented (estimated 11 million).1995-2005 more than half of Silicon Valley start-ups had founder who was foreign bornImmigrants make up 50% of all engineers & scientists with Ph.Ds in USImmigrants are 30% more likely to start small businesses/16.7% of all business owners are immigrants (contribute $67 billion of $577 billion in US business income)

  • Immigrant Demographics ILForeign born are 13.8% of IL population and make up 17.8% of IL workforce43.5% of immigrants in IL are naturalized citizens (10% voters in IL)Estimated 4% of IL population is undocumented (500,000)Estimated 10,000 undocumented in Winnebago, Boone and Ogle CountiesFact sheets for each state can be found at www.immigrationpolicy.org

  • Obstacles to Lawful ImmigrationComplex, multi-step processLong Waits for visasInadmissibility issuesFalse Claims to US citizenshipPrior removalsCriminal Convictions3/10 BarPermanent Bar

  • US Immigration AgenciesDepartment of Homeland Security (DHS)U.S. Citizenship and Immigration Services (USCIS)U.S. Customs and Border Protection (CBP)U.S. Immigration and Customs Enforcement (ICE)Administrative Appeals Office (AAO)Department of State (DOS)Department of Justice (DOJ)Executive Office for Immigration Review (EOIR)Board of Immigration Appeals (BIA)Office of Special CounselOffice of the Chief Administrative Hearing Officer (OCAHO)Department of Labor (DOL)Board of Alien Labor Certification Appeals (BALCA)

  • Visa Priority DatesUnlimited visas for immediate relative of US citizens (Parents, Spouses and unmarried children under age 21)

    Preference CategoriesPriority Date - Mexico1st: Adult Unmarried Children of US CitizensOctober 15, 1992 (17+ years)2A: Spouses & Minor Children of LPRsJune 1, 2005 (4+ years)2B: Adult Unmarried Children of LPRsJune 15, 1992 (17+ years)3rd: Adult Married Children of US CitizensOctober 22, 1992 (17+ years)4th: Siblings of US CitizensDecember 8, 1995 (14+ years)

  • Family ProblemsJuan entered the US without inspection when he was 14, he is now 26 and married to a US citizen and has 2 US citizen children. (10 year bar- waiver)Veronicas LPR father filed a petition for her in 1997 when she was 16. Two months before her visa interview, her father died. Veronicas petition was automatically revoked. (No petition = no visa)Cristina entered on a valid 6 month visitors visa in June 1998. She stayed until 2002 when she went to Mexico to visit her dying grandmother and re-entered the US without inspection two months later. She is married to a US citizen and has 2 US citizen children. (Permanent bar)

  • Criminal AliensRemoval is a Civil ProcessMandatory Detention for Aliens convicted of aggravated felonies and crimes involving moral turpitudeBond ($1,500-$25,000)Immigration Judges hear over 1,000 cases per year/proceedings can take yearsLimited Due Process RightsNo right to a free attorneyRelief from Removal

  • But Im a US Citizen!U.S. citizen's near-deportation not a rarity: A zeal to nab illegal immigrants ensnares many innocent people, including a Minnesota native. Minneapolis Star Tribune 01/26/2008US Kidnaps Mark Lyttle, Leaves him stateless in Mexico, Honduras, Nicaragua and Guatemala www.stateswithoutnations.blogspot.comUS citizens by operation of law: automatically acquired citizenship under US lawThousands of US citizens are ordered deported every year due to overzealous enforcement of immigration laws and lack of legal representation

  • Cost of Mass DeportationsCost per apprehension FY 2008 $18,310* Estimated Detention & Removal of 11 million undocumented over 5 year period $285 billion**DHS total budget for FY 2009 $41 billionConsequential costs to national, state, local economies and communities * Department of Homeland Security, Enforcment Actions 2008, www.dhs.gov**www.americanprogress.org/issues/2010/03/deportation_cost.html

  • Removals (Deportations) 358,886 ? (Alien Parents) 319,382 18, 237 280,974 19,360 246,431 20,939 240,665 21,965 211,098 20,864 165,168 16,528Department of Homeland Security, Enforcement Actions 2008/Removals involving illegal alien parents of US citizen children Jan. 2009, www. Dhs.gov

  • Immigrants & Crime

    FACT: Immigrants are five times LESS likely than the native-born to be in prison.In a 2007 study, University of California, Irvine, sociologist Rubn G. Rumbaut found that, in 2000, the 3.5 percent incarceration rate for native-born men age 18-39 was five times higher than the rate for immigrant men (0.7 percent).Moreover, among native-born male high-school dropouts, 9.8 percent were behind bars, compared to only 1.3 percent of immigrant dropouts.FACT: Undocumented immigration is NOT associated with higher crime rates.Although the undocumented immigrant population doubled from 1994 to 2005, the violent crime rate in the United States declined by 34.2 percent and the property crime rate fell by 26.4

    FACT: Violent Crime has Dropped in Arizona by 20% even as the Undocumented Population Has Grown According to a 2008 report from the conservative Americas Majority Foundation, crime rates are lowest in states with the highest immigration growth rates, such as Arizona. From 1999 to 2006, the total crime rate declined 13.6 percent in the 19 highest-immigration states (including Arizona), compared to a 7.1 percent decline in the other 32 states.

  • Immigrants & Social SecurityFACT: Undocumented workers are not (and have never been) eligible to claim social security benefits. Moreover, most undocumented workers will use a false social security number to prove work authorization, therefore paying money into a benefit system that they will never be eligible to use.According to the Social Security Administration (SSA), undocumented immigrants account for a major portion of the billions of dollars paid into the Social Security system under names or social security numbers that dont match SSA records. As of October 2005, the reported earnings on no-matchpayments in the SSAs Earnings Suspense File (ESF) totaled $520 billion.

  • Immigrants & Medical ServicesKaiser Family Foundation Report 03/2008 Non-citizens are much more likely to be uninsured than citizens, but they are not the primary factor driving the nations uninsured problem Federal law generally bars undocumented immigrants and recent legal immigrants from receiving Medicaid and SCHIP coverage.Non-citizens receive significantly less health care than citizens. In 2005, average annual per capita health care expenditures for non-citizens were $1,797 versus $3,702 for citizens. Non-citizens are significantly less likely to use the emergency room than citizens.

  • Immigrants & the EconomyFACT: The immigrant community is not a drain on the U.S. economy but, in fact, proves to be a net benefit. Research reported by both the CATO Institute and the Presidents Council of Economic Advisors reveals that the average immigrant pays a net $80,000 dollars more in taxes than they collect in government services. For immigrants with college degrees the net fiscal return is $198,000.FACT: The American Farm Bureau asserts that without guest workers the U.S. economy would lose as much as $9 billion a year in agricultural production and 20 percent of current production would go overseas.

  • Myth: Weak Border Enforcement Causes Undocumented ImmigrationSince 1992, the annual budget of the U.S. Border Patrol has increased by 714%, and the number of Border Patrol agents stationed along the southwest border has grown by 390%.24 Since the creation of DHS in 2003, the budget of U.S. Customs and Border Protection (CBP) has increased by 92%, and the budget of U.S. Immigration and Customs Enforcement (ICE) has increased by 82%.25 Despite all this additional spending, the number of undocumented immigrants in the United States has roughly tripled from 3.5 million in 1990 to 11.9 million in 2008.26

    Immigration Policy Center, Breaking Down the Problems: Whats Wrong With Our Immigration System?(Washington, DC: Immigration Policy Center, American Immigration Council, October 2009), pp. 12-13.

  • Immigration DebateDoes illegal mean criminal?Amnesty When the punishment isnt cost effective or practical.Competing principles: Is family reunification vs rule of law an either/or proposition?Immigration Reform is Key to Border Security.

  • Immigration Reform contPolicy Changes:USCIS/ICE has nearly unlimited discretion to administer and prioritize the immigration lawsCould allow beneficiaries of preference categories to apply for work authorization until their priority date is reachedCould issue orders of supervisions as a matter of policy rather than removing peopleDeferred action

  • Immigration Reform contChanges in the lawIncrease number of visas in preference categoriesAllow individuals to petition for themselves (legalization program/Dream Act)Eliminate the permanent bars to admi