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Contemporary Female Immigration to the U.S.A.

Contemporary Female Immigration to the U.S.A. Prof. Alamillo CSU Channel Islands. History of Women and Immigration Policies. Immigration laws regarding women based in the “law of coverture” 1855: Foreign born white woman married a an American male citizen she became a citizen.

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Contemporary Female Immigration to the U.S.A.

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  1. Contemporary Female Immigration to the U.S.A. Prof. Alamillo CSU Channel Islands

  2. History of Women and Immigration Policies • Immigration laws regarding women based in the “law of coverture” • 1855: Foreign born white woman married a an American male citizen she became a citizen. • 1907: American woman married an alien man, she would become an “Alien” • Domesticity was the price of admission • Nonwhite women became “alien wives” of American citizens

  3. Women and Immigration Laws 1875 Page Law : “Exclusions of felons, contract laborers, prostitutes and Asian women though to be brought over for lewd and immoral purposes.” 1903 Immigration Act: Pregnancy was listed as a ground for exclusion 1910 Mann Act: Fears of the “white slave trade” led to banning women imported for purposes of prostitution 1929 Ladies Agreement: Ended “picture brides” from Japan.

  4. 1922 Cable Act (Married Women's Citizenship Act ) • Ended the practice of American women losing their citizenship for marrying foreign men. • Ended the practice of foreign women automatically obtaining citizenship upon marrying American citizens (needed to apply for naturalization) • However, women who married Asian or Indian men or “aliens ineligible for citizenship” lost their citizenship status. (The Cable Act was repealed in 1936)

  5. 1945 War Brides Act • Allowed foreign wives of fiancés of American servicemen to immigrate to the United States. • Also allowed adopted children of U.S. military personnel to enter the U.S. • There were a few who resented the foreign women who had "stolen our boys".

  6. 1986 Immigration Marriage Fraud Amendments • Increased penalties for those involved in “sham marriages” and created a 2 year provisional green card for immigrant spouses of U.S. citizens and permanent residents.

  7. Gender–based Asylum Claims • 1996 in the Matter of Kasinga the Board of Immigration Appeals granted asylum based on gender as a category ( female genital mutilation) • Sex trafficking, sexual slavery and honor killings are also grounds for gender-based asylum • 2004 in the Matter of Rosa Alvarado asylum was granted based on domestic violence

  8. 1996 Personal Responsibility and Work Opportunity Reconciliation Act (“Welfare Reform Law”) • Barred both permanent residents and undocumented immigrants from public benefits (food stamps, SSI etc..) • Banned local and state governments from providing all but emergency services to undocumented immigrants. • Five year lifetime limit on welfare eligibility • Workfare Program(requires welfare recipients to work off their benefit in public or private sector jobs)

  9. 1996 Illegal Immigration Reform and Immigrant Responsibility Act • Made it easier for immigration officials to deport immigrants for a wide range of crimes (Expedited removal) • Placed a time limit of one year for refugees to file asylum applications. • It required immigrants trying to sponsor family members for immigration to be at least 125% of the federal poverty level.

  10. “Nanny Visa” Proposal • 1993 Commission on Immigration Reform held hearings on a new program for domestic workers, child-care workers and home-care workers. • Modeled after Canada’s “Live-in Caregiver Program” and the Special Agricultural Workers program under I.R.C.A • Proposal did not gain momentum in Congress in part because of the Zoe Baird controversy

  11. Contemporary female immigration • Women make up more than half of all immigrants living in the United States • Female immigrants from Asian, Latin America, Caribbean and Africa • Diversity in types of entry (family sponsored, labor migration, refugees and asylees) • Poor immigrant women are concentrated in low-wage domestic and service jobs • Professional immigrant women become “cultural custodians”

  12. A chart showing average monthly welfare benefits (AFDC then TANF) per recipient in constant 2006 dollars.

  13. Violence Against Women Act of 1994 (VAWA) • Spouses and children of U.s. citizens or lawful permanent residents may self-petition to obtain lawful permanent residency • Battered immigrants may file for immigration relief without assistance of or knowledge by their abuser • The Violence Against Women Act was developed and passed as a result of extensive women grassroots efforts

  14. U-Visa: Victims of Trafficking and Violence Protection Act of 2000 • Created new nonimmigrant visas for noncitizens, affective October 2007. • USCIS can only grant U Visas to 10,000 noncitizens each year. • The abuser doesn’t need to be a U.S citizen or lawful permanent resident. • Persons granted U Visa status can remain in the U.S for a period of up to 4 years, with possible extensions in certain cases. • After 3 years, U Visa holders may apply for lawful permanent residence. • The U Visa holders automatically qualify for employment authorization. • 4 Basic eligibility requirements to apply for U Visa

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