Immigrants’ Rights

1. Immigrants’ Rights Monica Andrade, Skadden legal fellow

2. What is the ACLU? • Non-partisan, non-profit organization • Our purpose is “to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States.” • Local affiliates in all 50 states, the District of Columbia, and Puerto Rico • Oldest and largest civil rights and civil liberties organizations in the country. • Our tools: public education, advocacy, organizing, and litigation.

4. Presentation Structure I. Quick Overview of Immigration System • Immigration 101 • Misconceptions • Application II. Current issues-ACLU of Michigan • Immigrants’ Rights and Detention • Deportation and Due Process • Border Zone III. What is happening right now with family separation? IV. Questions

5. I. Quick overview of immigration system

6. Who is involved? Primary federal departments focused on immigration • Department of Homeland Security (DHS) • US Citizenship and Immigration Services (USCIS) • Immigration and Customs Enforcement (ICE) • Customs and Border Protection (CBP) • Department of Justice • Immigration Court, Board of Immigration Appeals • Department of State • Embassies / Consulates INS does not exist!

7. Immigration and Customs Enforcement (ICE)

8. Border Patrol

9. What is immigration status? • Citizen (USC)-through birth, naturalization, derivation, or acquisition • Permanent resident (LPR)-through family, business, lottery, or humanitarian bases • Conditional permanent resident (CPR) • Refugees; Asylees • Non-Immigrants (e.g. students, tourists, diplomats) • Deferred Action, parole • None (undocumented; overstays)

10. How to Get a Green Card Four Main Ways to immigrate: • Employment-based immigration (15%) • Family-based immigration (65%) • Humanitarian remedies • Diversity Lottery

11. Family Basics “Immediate Category” • U.S. citizen spouse—non-citizen spouse • U.S. citizen parent– non citizen minor child • U.S. citizen son or daughter(>21)—non citizen parent Waitlist categories (preferences) • Spouse, unmarried children of green card holders • Adult children, married children, siblings of U.S. citizens Note: no uncles/aunts, grandparents Same sex marriages recognized by immigration law

12. Family Basics • Process: • File a petition (I-130) • Wait until it is “current” • Limited number of immigrant visas allotted to the various “preference categories” each year • Monthly visa bulletin published by State Department shows the processing dates for preference categories. Note: a person does NOT have status while they are in waitlist (even if petition has been “approved”)

13. Visa Bulletin For June 2018

14. Adjustment of status v consular processing If you are outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as consular processing. If you are already in the United States, you can apply for permanent resident status without having to return to your home country to complete processing. This process is called adjustment of status

15. Unlawful presence “the bars” 6 mo-1yr, three year bar (waiver available) 1yr plus, ten year bar (waiver available) If aggregate >365 days, ten year bar Unlawful entry: must show “extreme and exceptionally unusual hardship” to U.S. citizen or LPR spouse/parents Multiple unlawful entries-ten year bar Removal order-ten year bar (generally)

16. How to get a green card yes Eligible to “adjust” Application/Interview in US In the U.S. No Eligible for petition? waitlist Green card Bars Outside of U.S. Leave US? Process at US consulate Consulate interview

17. Ways NOT to get a green card • Having come to the U.S. at a young age • Having lived in the U.S. for a long time • Having a U.S. citizen child under the age of 21 • Being a very very very good and committed worker • Having a serious medical condition (or having a child with a serious medical condition)

18. Get in line. People are fond of telling foreigners to “get in line” but what does that line actually look like, and how many years (or decades) does it take to get through?

19. Green card through employment • Generally, individuals who are undocumented in the U.S. and w/o family ties are not going to be able to secure green cards through employment. • In practical terms, available only to holders of advanced degrees, certain professionals, persons of extraordinary ability, investors: • Most require employer to obtain “labor certification” showing no minimally qualified US workers available

20. Green card through humanitarian pathways Asylees and refugees • Refugee: obtain “refugee” status outside U.S. • Asylees: apply for & are granted “asylum” inside the U.S. • After one year can apply for green card • Both must show: • “well-founded fear” of persecution in home country AND • That persecution will be because of their: Race, religion, nationality, political opinion, membership in particular social group

21. Humanitarian basics • Asylum-must apply within 1 year of arrival • Withholding of removal-after 1 year, eligible for withholding, but much tougher standard • Convention against torture-if likely to get tortured

22. Humanitarian Basics Violence Against Women Act (VAWA): battered spouses & children of U.S. citizens & permanent residents U visa: victims of serious crimes who cooperate with law enforecement Tvisa: victims of human trafficking Special immigrant juvenile status (SIJS)- unaccompanied children in long term foster care Temporary protected status: individuals from certain countries

23. Deferred Action for Childhood Arrivals (DACA) • Executive program started in 2012 for certain undocumented youth, aka “Dreamers” • NOT the DREAM ACT • Temporary permission to stay in U.S. • Social security number • Employment authorization • State ID (depends on state law) No pathway to permanent residence or citizenship

24. Green Cards for Undocumented Immigrants • In order to get permanent residence you must both • (1) fit one of the criteria (family, employment, asylum, refugee, etc…); AND • (2) qualify to be able to get status in the U.S. The vast majority of immigrants who entered without inspection/permission do not meet the second requirement.

25. Current ACLU of Michigan issues in immigration • Hamama v. Adducci • Muslim ban FOIA • 100 mile zone • No deportation in Flint, Michigan • DL for Dreamers • Greyhound campaign • Promoting healthy relationships between police and immigrant communities • ICE courthouse enforcement

26. 100 mile zone • FOIA against CBP for its 100 mile zone policy- which authorizes agents to engage in warrantless vehicle searches within 100 miles of any international border or waterway. • Because CBP considers all of Michigan to be within its “100-mile zone,” the agency permits its agents to search the vehicle of any motorists anywhere in the state—even those belonging to American citizens and legal immigrants—without a warrant. The agency has refused several requests to turn over information related to the stops, detentions, arrests and complaints stemming from the policy.

27. Families separated at the border (fact checking)

28. Is there a law that requires family separation? No • This crisis stems from a series of policy choices this administration made. Is the administration separating asylum seeking families who enter at ports of entry? • Yes.

29. Detention & Removal • There is no right to an appointed attorney in immigration court. • Gideon v. Wainright (1963) requires that no one be deprived of their liberty without access to legal counsel, but that case only applies to criminal matters, not civil. • Many people are not able to afford a private attorney so are forced to represent themeselves. • Average time to complete a case: 780 days

30. For more information: WE THE PEOPLE Monica Andrade: mandrade@aclu.org www.aclu.org