Immigration Flashcards
Asylum
-She recalls one client who was recently granted refugee status. He is gay and fled persecution for his sexual orientation in his home country, El Salvador. During his nearly one year in detention, she says, he was sexually assaulted.
Trop v Dulles
- Supreme Court Case
- In 1944, United States Army private Albert Trop escaped from a military stockade at Casablanca, Morocco, following his confinement for a disciplinary violation
- Trop applied for a passport. His application was rejected under Section 401(g) of the amended 1940 Nationality Act, on the ground that he lost his citizenship due to his conviction and dishonorable discharge for wartime desertion.
- Loss of citizenship is cruel and unusual punishment in violation of the Eighth Amendment
IIRIRA
- Immigrants who may be removed to a third country where their freedom will not be threatened and where the alien would have access to a fair asylum procedure are not permitted to apply for asylum in the US.
- Immigrants must apply for asylum within the first year of entering the US.
-Immigrants are not allowed to reapply for asylum after being previously denied unless the applicant can show changed circumstances
-There are new categories of persons who will be denied asylum including certain convicted criminals and those who have participated in the persecution of others.
-Immigrants may be required to submit fingerprints and photographs
Application fees for asylum applications are now authorized
-Immigrants who file frivolous asylum applications will be permanently barred from becoming US immigrants.
Trump on Legal Immigration
- select immigrants based on their likelihood of success in U.S. society and their ability to be financially self-sufficient.
- The new immigration system should establish “controls to boost wages and to ensure open jobs are offered to American workers first.”
- A third major restrictionist group, the Federation for American Immigration Reform, has spent decades lobbying Congress to cap immigration at 300,000 per year.
cut legal immigration levels to “within historical norms,” as measured by a share of the overall population, and he proposed a new federal commission to develop proposals to achieve it.
Nafta
- It is a trade agreement between Canada, Mexico and the United States that was signed into law in 1994 under President Bill Clinton. The framework of the deal was first drafted under President Ronald Reagan in 1987.
- The President has the authority to withdraw from NAFTA under the rules of the agreement. He just has to give Canada and Mexico six months notice.
- Since NAFTA was signed into law, illegal immigrants in the U.S. has increased to 12 million today from 3.9 million in 1993, accounting for an overall increase of over 300 percent. According to the Pew Hispanic Center, 57 percent of those entering the country illegally are from Mexico.
- Before NAFTA, The U.S. ran a $1 billion trade surplus (exports more than imports) with Mexico, afterwards, we have run a $60 billion trade deficit (exports more than imports)
Operation Streamline
- is a joint initiative of the Department of Homeland Security and Department of Justice in the United States, started in 2005, that adopts a “zero-tolerance” approach to unauthorized border-crossing by engaging in criminal prosecution of those engaging in it.
- Operation Streamline was created with the goal of combating drug trafficking, weapons trafficking, human smuggling, and repeat illegal immigration into the United States.[5] Its ultimate goal is to achieve a 100% criminalization of unauthorized border-crossing.
- Under Operation Streamline, those caught in the act of crossing the United States border without authorization may be rounded up and subject to criminal prosecution.
- First-time offenders are prosecuted for misdemeanor illegal entry (8 U.S.C. Section 1325) that carries a six-month maximum sentence
- Any migrant who has been deported in the past and attempts to re-enter without authorization can be charged with felony re-entry that carries a two-year sentence but can involve up to a 20-year maximum if the migrant has a criminal record.
- A University of Arizona study last year found that 40 percent of the defendants surveyed said they were instructed by their lawyers to not fight the charges.
Racism in Immigration
- Unfortunately, however, polls indicate that some 50% of Americans (and 71% of Republicans) believe that immigration increases crime
- For example, an October 2015 survey found that only 34% of Americans even know the three branches of the federal government: the executive, the legislative, and the judicial.
DACA
Department of Homeland Security (DHS) implemented the Deferred Action for Childhood Arrivals (DACA) program, along with criteria for determining when prosecutors can choose not to enforce immigration laws under DACA. People who qualify for DACA may apply for work authorization. In 2014, DHS established a similar
How much more can an average Peruvian make in the United States
2.6 times as much while a Haitian can make seven times more
US V TEXAS
- Twenty-six states challenged DAPA under the Administrative Procedure Act (“APA”) and the Take Care Clause of the Constitution (Article II Section 3, the president shall “take Care that the Laws be faithfully executed”
- The United States has two arguments, that the states do not have standing to sue, and the state’s claims are not meritorious
- The States’ challenge is not against DACA but DAPA which states extends deferred action to
US v Arizona
Q: do the federal immigration laws preclude Arizona’s efforts at cooperative law enforcement and present the four provisions of SB 1070 on their face
Decision: Yes for provision 1,2,4 No for 3
Justice Scalia agreed with all 4 provisions were constitutional
Jennings v Rodriguez
Issue: whether undocumented people seeking admission to the US who are subject to mandatory detention must be afforded bond hearings
Britains problems with immigration
Is reliant on their season workforce the vast majority of won come from eater Europe
47 percent of the companies that provide agricultural labor said they did not have enough workers to meet demand
Eastern Europeans are reluctant to work in British farms following the Brexit vote
