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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. 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. • 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
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.
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 (The Cable Act was repealed in 1936)
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".
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.
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
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)
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.
“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
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”
A chart showing average monthly welfare benefits (AFDC then TANF) per recipient in constant 2006 dollars.
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
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