Immigration 101: Myths and Realities of Our Immigration System

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) angie.williams@me.com www.williamslawkc.com Specializing in Immigration and the Immigration Consequences of Criminal Activity

FAQ & FMS (Frequent Mis-statements) 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... • 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

Immigration 101: Myths and Realities of Our Immigration System