Transcript Immigration101 - The Law Offices of Angela L. Williams, LLC

Immigration 101: Myths and
Realities of Our Immigration
System
Presented by Angela L. Williams
The Law Office of Angela L. Williams, LLC
4235 Baltimore Ave
Kansas City, MO 64111
816-531-2166 (T)
816-531-2444 (F)
[email protected]
www.williamslawkc.com
Specializing in Immigration and the Immigration
Consequences of Criminal Activity
FAQ & FMS (Frequent Misstatements) of Immigration
• Isn't it true that if you marry a USC you become a USC?
• People come here to have Anchor babies so they can become
citizens or stay here in the country.
• Why don't they just wait in line?
• All "illegals" are criminals.
• We need to enforce the laws we have
• Obama wants "Amnesty" so all these illegals will become citizens
and can vote for him and his recent announcement gave illegals
amnesty
• Illegals are taking American Jobs, Don't Pay Taxes, collect
welfare and live off of government handouts
• State enforcement is the answer to our immigration woes
How do you "get legal?"
• Immigrant Visas- Through Family or Employment
• Non Immigrant Visas- Short term visas provided to come
to the US to do a specific thing for a specific time, H2B,
Student, Tourist, J Exchange etc
• Humanitarian- TPS (Haiti, El Salvador, Honduras)
Asylum, Withholding of Removal, CAT, U, T, VAWA, S
• Special Juvenile Immigrants and Unaccompanied Minors
• Cancellation of Removal
Family Based Immigration
What Part of Legal Immigration Don't You Understand
Who can Apply?
• USC can apply for Spouses, Parents and Minor, unmarried
children with no wait, only takes as long as it take to
process the application (8 months to 3 years)
• USC Can apply for Adult Children, Married children and
their families, Brothers and sisters and their families.
• LPRs can apply for Spouses and unmarried children only
Visa Bulletin
Non Immigrant Visas
Numbers of NIVs 1993-2010
• If you are here illegally or have been here illegally within
10 years you will never qualify for a NIV
• Given for a Specific Purpose for a Specific time
Anchor Babies
THERE IS NO SUCH THING AS AN ANCHOR BABY.
USC Kids give no right to their parents to stay in the US, to
become legal or to collect public benefits. The child, as a
USC has the right to collect benefits in his or her own
name.
All Immigrants are Criminals
It is not a crime to enter the country without authorization
otherwise know as EWI. It is a Civil violation. 8 USC 1325
Entering after a Deportation is a Crime and a felony
8 USC 1326 in FY 2011 as of June there have been 37,110
prosecutions and 32, 646 convictions.
We should enforce the laws we have
Deportations under Obama
More people have been removed under the Obama
administration than under any other president.
FY 2011= 396,906
FY 2010= 392,862
FY 2009= 389,834
FY 2008= 369,221
FY 2007= 291,060
Failure of Secure Communities and
Promises to Target Criminal Aliens
Deportation by the Numbers
According to ICE's own tables 197,090 of the 392,862 removed in 2010 had
no criminal record at all (just over half)
The rest were categorized as "Criminals" however deeper analysis revealed
that of the 195,772 "Criminals" removed, 27,635 had only convictions of DUI
and 13,028 had only convictions for other traffic violations, meaning 155,109
of those removed had criminal records more serious than traffic or DUI, or
39%.
ICE Description of Secure Communities
Cost of Deportation
Cost of Deportations
Each deportation cost the government around $12, 500 and
each boarder apprehension costs approximately $7,500.
That means almost $3 million was spent of removing people
with misdemeanor convictions, traffic convictions or no
convictions last year.
"Illegals" take jobs, don't pay taxes
and exploit public entitlement
programs
US Chamber of Commerce Publication on Immigration Myths
• Most immigrants do not compete with USCs for jobs
because of a disparity in education . Look at Georgia
• Georgia's Loss of Workforce After the State Law
• Immigrants pay billions of dollars in taxes, property,
sales, personal and income, state federal and local
• Undocumented immigrants do not qualify for public
benefits and legal immigrants are severely restricted in
their ability to receive benefits
Is State Enforcement the Answer?
• Immigration is Federal, it is in the Constitution
• State Laws cause unequal treatment of immigrants
• Currently Arizona, Georgia, Alabama and Utah have passed
immigration laws, all have been challenged and blocked by
Federal Judges and are in various stages of litigation. One part
of an AZ law has been upheld by the SCOTUS related to fines
by the state for hiring unauthorized workers
• Missouri, Kansas, Ohio, Indiana have tried to pass similar laws to
Arizona as well as other anti legal and illegal immigrant laws and
have failed.
• Various cities and municipalities have also tried to pass various
anti immigrant laws all have spent $$$ and none have been
upheld
State Enforcement Continued...
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Encourages Racial Profiling
Does not solve the problem
Further inflames an area already violently polarized
Allows uninformed state congress people to write law on
a vastly complex subject where they have no experience ,
little knowledge and no desire to learn the reality of the
law.
• Immigration remains a lightening rod for politicians and a
sure way to bring people to the pole, especially in a time
of economic hardship. It is always easier to blame the
immigrant than fix the problem.
Obama's Recent Proclamation on
Enforcement
On August 18, 2011 Obama announced his desire that ICE agents
and EOIR Trial attorneys exercise some discretion in deciding
whether to start removal proceedings against various individuals or
to administratively close the removal proceedings of individuals
currently in proceedings.
It is not amnesty.
No law has changed.
The President would like trial attorneys to use their discretion in
this matter, but currently there is no way to mandate it or force it
with any case.
FAQ on Prosecutorial Discretion
What is the Take Away
• Immigration cannot be summed up in slogans
• State laws, scare tactics and chest pounding posturing will not solve the
problem we have.
• Immigration issues now are common in all areas of law, you don't have to
know the intricacies of immigration you just have to be able to recognize
issues, divorce, civil, work comp, criminal, business, taxes, probate,
guardianships, children cases, adoptions
• Check out what you hear about immigration, everyone seems to have very
loud and passionate opinions about this but very few have facts
• Correct people who make sweeping generalizations, use meaningless
phrases like anchor babies and who get it wrong.
• Do not support state or federal reps who use immigration as a populist
lightening rod
• If you have a non-citizen client, ask for help if you identify a possible
immigration issue
Bad State Laws in a Community Near You
Missouri
HB1186, HB1147 English Only Driver's Exams
SB590- Alabama/Arizona Type Bill
SB473- Requires MO to Sue the Federal Gov
SB676- Invalidates foreign contracts
Kansas
HB2527 and HB2577- E-verify Bills
HB2576- Harboring
HB2578- Show Me Your Papers