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Immigration Discussion

IamThunderbolt

IamThunderbolt

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With election season ramping up, and with it, rhetoric surrounding immigration, I wanted to put out a discussion thread about Immigration to discuss its current state, have questions answered, etc. Wanted to put a few posts of "Immigration 101" to establish a baseline of understanding. While I'm not claiming to know everything about our immigration system, I have worked in immigration for the past decade, mostly around forced migration, but interacting with the wider immigration system as well. So if it sparks discussion, great. If it helps folks understand our immigration system a little more, great! If you think this is self-serving and arrogant to post, cool with that too. Will be posting the following in the 101. Let me know if there are other baseline understanding topics that you'd like to see (if I'm able to comment):

Brief History of Immigration Law
Legal Pathways of Immigration (Family-Based Immigration, Employment Visas, Humanitarian entry, Diversity Lottery)
Forced Migration (Refugees, Asylum, and Humanitarian Parole)
Some Understanding of Current Border Policy
 
Brief History of Immigration Law

  • Naturalization Act of 1790 – This was the first law laying out uniform rules for granting United States Citizenship – Granting citizenship to any “free white persons of good character” who had been in residence of the United state for 2 or more years and their children age 21 and younger. Whiteness was defined at this time by ethnicity, being mainly Western European, and also religion, where white was synonymous with Christian. Over the next 30 years the required period of residence would be adjusted, extended from 2 years to up to 14 years, before settling in at 5 years.
  • 14th Amendment and the Naturalization act of 1870 – The 14th Amendment granted citizenship to all people born in the United States and subject to its jurisdiction, regardless of race. In 1870, the Naturalization Act was extended to include naturalization laws to those of African descent, but also revoked the citizenship of naturalized Chinese Americans.
  • Chinese Exclusion Act (1882) – Prohibited the immigration of Chinese laborers for initially for 10 years, although it was later extended and made permanent in 1902. This was the first law to prevent all members from a specific national or ethnic group from immigrating to the United States and shaped the race-based immigration policy of the 20th century.
  • National Origins Quota Act (1924) – In response to the rise of Eastern and Southern European immigrants, Congress passed the National Origins Quota act seeking to preserve the racial and ethnic demographics of the nation. This act limited immigration to 2% of the foreign-born people of each nationality that was present in the US at the time of the 1890 census. The quotas were limited to non-western hemisphere origins, with a total cap of 150,000, with no cap or quota for immigrants from the Western hemisphere (meaning Western and Northern Europe).
  • 1942 – Chinese Exclusion Act was repealed. As China became an ally against Japan, the Chinese Exclusion act was repealed, just as Japanese Americans were being questioned and placed in internment camps.
  • 1965 Immigration and Nationality Act – Current law although it has had several updates. Western European immigration had slowed, there was increased immigration from Mexico, Central and South America, and the race-based quota system was seen as hypocritical in the midst of the civil rights era and following the civil rights act of 1964. The INA shifted immigration away from country quotas to family and worker-based migration. The INA also established caps for both the Eastern and Western hemisphere. This was the first time caps on immigration from countries in the Americas were put in place. By placing the preference for employment-based immigration on highly skilled workers, the INA contributed to the “model-minority” stereotype and because the law did not provide for immigration by “unskilled” workers in sectors like agriculture, construction, and domestic service, it fostered a growing population of unauthorized immigrants who are gainfully employed but lack lawful means to immigrate.
  • Refugee Act of 1980 – after the influx of refugees from the Vietnam war, the US Refugee Admittance Program was established, creating a pathway for humanitarian immigration that did not count toward immigration limits and created the reception and placement program that helps resettle refugees in their new communities. The annual number of refugees allowed in the country is the made by the sole determination of the president.
  • 1990: Most recent revision to the INA – established the 4 main categories that exist (see next post) and established the avenue of Temporary Protected Status for humanitarian admissions to the country when there isn’t an established path (natural disasters, immediate political needs, etc.)
 
Four Main Paths of Immigration

A lot of discussion about immigration eventually gets to the assertion that immigrants should “just get in line and come the right way.” But what line? And how long is that line? Is there even a line that they can join? While there are lesser used avenues to immigrate (such as being an “exceptional person” like an Olympic athlete), the INA designates four main pathways of immigration. These pathways can be remembered by the pneumonic of Blood, Sweat, Tears, and Luck

Family Based- Migration (Blood) –

The largest number of immigrants come through family-based immigration – being a blood relative. This avenue is only for immediate family members of US citizens and Legal Permanent Residents (those with a Green Card). Immediate family is defined only as parents, spouse, siblings, and children. Grandparents, cousins, etc. do not count as immediate family; neither do parents of Green Card holders. Family-Based immigration is split into two categories:

  • Spouses, parents, and unmarried children under 21 years old of US citizens
    • There are no true caps on the annual number of entrants in this category, but processing wait time limits the number of entries each year.
    • Depending on backlogs (and backlogs differ based on relationship to the citizen who applies and the country of origin), processing time for this category is currently somewhere between 14-50 months
  • Spouses and unmarried children under 21 of LPR and adult children and siblings of US citizens
    • This category is subject to total limits as well as country-based limits
    • No more than 480,000 people in this category total may enter the country in total each year
    • No more than 7% of all immigrants may come from the same country
    • For example, if you are the Mexican sibling of a US citizen, USCIS is now processing applications from August 2000.
    • If you are the Vietnamese cousin of an US citizen who isn’t eligible for some sort of humanitarian entrance, there is no path to immigrate to the US at all.
Employment-Based Immigration (Sweat)

Employment visas as divided between permanent visas and temporary visas. There is a cap of 140,000 permanent visas each year (plus any unused family migration visas). There is no cap on temporary work visas.

For employment-based immigration, the visa has to be sponsored and paid for by an employer. To be eligible, the employer must show evidence that the visa recipient is labor certified (labor certification establishes there are insufficient U.S. workers able, willing, qualified, and available to fill the position and this employment of this individual will not adversely affect the wages and working conditions of similarly employed U.S. workers) and meets the criteria of the priority category applied for:

  • Priority 1: Priority Worker and Persons of Extraordinary Ability: Have received medals/awards in the sciences, arts, education, business, or athletics; internationally recognized researchers; managers/executives of a US company overseas
  • Priority 2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability: their expertise is above that normally encountered in their field
  • Priority 3: Skilled and professional works and unskilled workers with 2 years of training
  • Priority 4: Certain Special immigrants: Amerasians, religious workers, broadcasters, former employee of the US government
  • Priority 5: Immigrant Investors in new commercial enterprises that lead to job creation
While on their visa, their presence in the US is tied to their employment by the petitioning company. They can work for another company once they become a Legal Permanent Resident. However, there is a huge backlog in Employment based Green Card processing – this leaves immigrants without the ability to seek better employment and often leads to stagnant wages. Without the Green Card, spouses and children are not able to work. Backlogs are based upon annual limits and country caps. For an Indian worker who applies today, the estimated wait due to backlog is about 54 years.

EB Green Card Backlog (as of 1/31/24):

1710875951923.png

Humanitarian Immigration (Tears)

This will be covered more in depth below, but these avenues are through the US Refugee Admittance Program, Receiving Asylum, being granted Temporary Protected Status, or Humanitarian Parole

  • TPS - Temporary protected status (TPS) is a program that allows migrants whose home countries are considered unsafe the right to live and work in the United States for a temporary, but extendable, period of time. Though they are not considered lawful permanent residents or U.S. citizens, many have lived in the United States for more than twenty years.
  • Humanitarian Parole - Humanitarian Parole is granted to a foreign national who is otherwise inadmissible to temporarily enter the United States due to an emergency and urgent humanitarian reason or significant public benefit.

The Diversity Visa Lottery (Luck)

For those that do not meet the above criteria, they may try to immigrate through the diversity visa lottery if eligible. This avenue is only open to immigrants from countries that have had fewer than 50,000 entrants total in the previous 5 years and have the equivalent of a high school degree or at least two years of employment in the last 5 years in certain labor fields. (Currently ineligible countries: Bangladesh, Brazil, Canada, The People's Republic of China, Colombia, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, Republic of Korea (South Korea), Venezuela, and Vietnam).

Generally between 10-20 million people apply for the 50,000 spots (so .25%-.5% accepted)



These are the “lines” available to people try to enter the country per the current INA. For many people, there are no lines. For others, the line might be over 20 years long.
 
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Forcibly Displaced People

The most recent UNHCR numbers (end of FY23) calculate that there are 108.4 million forcibly displaced people worldwide (just two years ago this number was 80 million - mainly because of Afghanistan, Ukraine, and Venezuela). They belong to the following categories:

Internally Displaced People (62.5 million)
  • Persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters
  • Have not crossed an internationally recognized border.
  • Have to rely on their own government for protection (which has mostly proven unable or unwilling to do so)
  • They are often more isolated and difficult to help than other forcibly displaced people

Refugees (35.3 million)
  • Often we use "refugee" as a term for anyone who has been forced to leave their home (environment refugee, economic refugee, refugees from a natural disaster, etc.) but refugee is a very specific status. One must meet the following criteria to be a refugee:
    • Forced to flee home because of a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group.
    • Have crossed a border to find safety and cannot return home safely
    • One must apply for refugee status from UNHCR, which conducts interviews and background screenings to determine if someone meets the above criteria that their home country will not protect them because of who they are or what they believe.
  • In terms of immigration, refugees apply for protection/permission to live in a country from outside the borders of the potential host country before traveling, while asylum seekers apply for protection based on the above factors from either within the potential host country or at its border.
  • Currently, over half of all refugees come from Syria, Ukraine, and Afghanistan
  • Most refugees end up in neighboring countries in camps or urban settings
    • fewer than 1% of refugees are resettled to another country through UNCHR
    • most are hosted in developing countries that are strapped for resources already
      • Countries hosting the most refugees (these numbers exclude Palestinians under UNRWA's mandate - I don't have that data):
        • Iran (3.8 million)
        • Turkey (3.6 million)
        • Colombia (1.7 million)
        • Uganda (1.4 million)
        • Pakistan (1.4 million)
        • Germany (1.2 million)
        • Sudan (1 million)
        • Poland (971,129 - up from 4,875 in 2021)
        • Bangladesh (just under 900,000)
        • Lebanon (~850,000_
        • Note: the US is 22nd on the list with 380,000
  • More refugees live in urban setting than camps - some have employment authorization, some don't, having to scrape together jobs when they can. The average stay in a refugee camp (before resettlement or having the ability to return home) is 11 years. I've seen 24 year old newly arrived Burmese refugees who were born in camps in Thailand.
  • Refugee resettlement
    • You can't apply to be resettled, you can indicate that you are open to it, but either have to be referred to a resettlement program by UNHCR or a receiving country's embassy and for the most part, you have no say over where you go to be resettled. The exception is if you have family that has been resettled to a particular country, they can petition that country's embassy to refer their family for resettlement to their location.
    • Once referred to USRAP, you go through a very extensive screening process (most vetted process of any visa process) involving biometric data, health screening, and checks involving 8 government agencies, 6 separate security databases, 5 background checks, and 3+ in-person interviews. At any point in the process, one person can raise a concern and admittance is denied.
    • There are 10 national refugee resettlement agencies that have resettled the vast majority (and until this year - all) of refugees in the country. Biden has initiated a program called Welcome Corp, where a group of private citizens can raise funds and sponsor a refugee family and act as the resettlement agency in their community.
    • What refugees receive as far as aid:
      • the resettlement period is 90 days - USRAP expects refugees to be self-sufficient within that time
      • Travel loan - the government provides an interest-free loan to refugees to travel to the US which they must begin to pay back 60 days after their arrival (payments are small, but this helps them build credit)
      • "Welcome Money" - The resettlement agencies get $1,250/person to spend on a new arrival's direct behalf ($1,050i must be spent on that case, $200 is put in a pool that can be spent on any case). This is supposed to cover all of their expenses to get established in that first 90 days. If you have a family of 10, this can be a good amount of money, but if you come as a couple, this barely covers deposit/1st month's rent. At the end of the 90 day period, if there is any money left, the resettlement agency gives the balance to the family (or pays ahead rent, utilities, etc.)
      • Refugees receive 1 year of refugee Medicaid
      • Refugees do qualify for SNAP benefits (food stamps) and can enroll in RCA (Refugee Cash Assistance for individuals) or Work First (families with children) - means-tested programs that give some support until they find employment (RCA for a single man is about $97/month)
      • On the whole, at 20 years post-arrival, refugees on average have paid more than $13,000 in taxes than they received in benefits (the break even point is about year 8)
        • From 2005 - 2019, refugees and asylees (those granted asylum) paid $123.8 billion more in taxes than they cost in services ($31.5 billion to the federal government, $92.3 billion to state governments)
 
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Asylees– 5.4 Million Worldwide

Similar to refugees, asylum seekers:
  • Forced to flee home because of a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group.
  • Have crossed a border to find safety and cannot return home safely
  • Apply for protection from the border or within the potential host country (this is the main difference between immigrants to the US that are refugees and asylum seeker
Applying for asylum
  • US law gives the right to any person to make an asylum claim and any person seeking asylum to access a US port of entry to make their claim.
  • The INA also prohibits the federal government from penalizing asylum seekers, no matter how they entered the United States, provided they present themselves without delay to the authorities and show good cause for their illegal entry or unlawful presence. “Without delay” has generally meant within a year of entering the country (INA 1158.a(1))
    • This means that no matter if you come to a port of entry or cross the border illegally, you have the right to an asylum claim
Types of asylum claims
  • Affirmative Asylum Cases
    • if an individual approaches USCIS within their first year (regardless of method of entry) and applies for asylum, they are placed in affirmative asylum proceedings.
    • Once the application is accepted, the asylum seeker has biometric screenings and security vetting, and will have an interview with USCIS to demonstrate credible fear
    • Generally those in affirmative asylum proceedings have the right to move throughout the country and not be detained.
    • If a case is denied, they are placed in removal proceedings, but can appeal through the defensive asylum process.
  • Defensive Asylum Cases
    • The defensive process is available to asylum seekers who were denied through the affirmative process, or have been detained for removal by Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP).
    • Rather than working with USCIS, the defensive process is through immigration courts and are in front of a judge in a courtroom setting, rather than an interview setting. The claimant will present their case for eligibility and the government (ICE) has a chance to comment. While legal representation results in much better outcomes (generally 85% more asylums granted if someone has legal representation), legal representation is not a right, so any representation much be fully funded by the claimant.
    • The feeling of this process is much more like being on trial with a larger burden on the claimant. The court they come before influences the decision a lot as well. The Charlotte court has about a 96% denial rate (Barry Pettinadato’s denial rate is over 98.7%), While New York is closer to 70%. Hawaii is at about 35% denial.
  • Backlog
    • Because of the number of asylum cases filed. At the end of FY23, there were 973,571 affirmative asylum cases waiting to go before USCIS and around 890,000 defensive cases.
    • The wait for a case to be heard and decided at this point is a little over 6 years because of the system not being staffed fully to account for the need
Waiting on Asylum (a history of policies)
  • So what happens to you when you are waiting on your asylum claim to be heard?
  • There are no federal services or support for those that are seeking asylum (either affirmative or defensive), however some resources are available to those that have been granted asylum
  • Asylees can apply for LPR a year after receiving asylum and naturalization after 5 years.
  • Pre-Trump
    • Asylum seekers were released to a family member or other responsible party (citizen/LPR) and given a hearing date.
    • They were given a case worker who checked in on them periodically
    • Attendance rates at asylum hearings were at about 93%
    • This cost $35/day
  • Trump-era policies
    • MPP or “Remain in Mexico” – This denied entry to anyone seeking asylum through the southern border. Those that applied for asylum were given a date to return for a court appearance and were turned away. There were no services or capacity to handle these numbers at border towns, creating dangerous situations.
      • Biden repealed MPP upon taking office, but briefly reinstated it in 2021-2022 until it was overturned by the supreme court.
    • “Metering” – while not an official policy, a common practice among CBP officers at the border where officials turn asylum seekers away from ports of entry without processing them or providing any specific date or time to return (this is illegal).
    • Title 42 – An emergency health measure. Title 42 effectively closed the southern border due to health reasons (families and unaccompanied minors could still claim asylum). Over 2.8 people were denied the right to claim asylum through title 42.
      • Biden kept title 42 in place until May 2023
    • Detention – rather than the aforementioned release until hearing date policy, Trump begin detention of asylum seekers, including minors, at a cost of $390/day. Private prison companies such as CoreCivic operated detention centers, whose numbers swelled.
  • Biden Policies
    • While pledging a more humanitarian approach to immigration, Biden kept many of Trump’s policies in place for the majority of his 1st term
    • Biden Asylum Ban – This EO denied the right to seek asylum to those at the southern border who had passed through another country, unless they had applied for asylum in that country and had been denied. The supreme court ruled this unconstitutional July 2023, calling it “arbitrary and capricious.”
    • While he hasn’t taken action, Biden is reported to be thinking about reinstating MPP or barring migrants from seeking asylum if they crossed into the U.S. illegally between ports of entry (which is contrary to the current INA).
 
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If it’s not in one of your placeholders, would be interested to hear your thoughts on border abolition. Looking forward to reading.
 
So which categories are appropriate for Trumps first and third wives?
 
asylum info updated.

Have at it and let me know if there is an area that would be beneficial to have some common, factual understanding in that last placeholder, or if another section could be developed more. I tried to be factual and not editorialize too much.
 
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MHBDemon said:
If it’s not in one of your placeholders, would be interested to hear your thoughts on border abolition. Looking forward to reading.
Click to expand...
I'm honestly not as well versed in this as I am in prison abolition. I can imagine prison abolition more easily than border abolition a) thanks to Mariame Kaba and b) the ability to do it in absence of international cooperation.
 
Is there still a system to “sponsor” someone? Is that specific to only one type of immigration? Would be interested in learning more about that process.
 
IamThunderbolt said:
I'm honestly not as well versed in this as I am in prison abolition. I can imagine prison abolition more easily than border abolition a) thanks to Mariame Kaba and b) the ability to do it in absence of international cooperation.
Click to expand...
I’ll send you my copy of Border & Rule by Harsha Walia, if you are interested in reading it.
 
MHBDemon said:
Is there still a system to “sponsor” someone? Is that specific to only one type of immigration? Would be interested in learning more about that process.
Click to expand...

As far as sponsorship, the only way is through employment or family-based migration.

If you file to sponsor a family member, you also have to file an Affidavit of Support stating that you are financially responsible for the family member you sponsor. This is the "Public Charge" rule. Immigrants are not eligible for any federal assistance (Medicaid, SNAP, SSI, TANF, etc.) for 5 years upon entry.

Their are some benefits available to ORR eligible populations (refugees, asylees, SIVs, Cuban and Haitian parolees, as well as those with a T-visa (trafficking survivor) or U-visa (survivor of violent crime)

There is now something called "Welcome Corps" where a group of private citizens can sponsor a refugee case (can be any case or someone you have a connection to) and act as the resettlement agency. generally at least 10 people who will fundraise at least $2,425/person in the case that you want to sponsor. But for those close to a resettlement center, I would suggest partnering with an RA rather than doing Welcome Corps unless you have a particular person with refugee status you want to sponsor (can expedite their resettlement).

Welcome Corps
 
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