Archive for the Bills & Laws Category.

Our Hypocritical Immigration Laws

What is meant by hypocritical law? There is no formal definition. My own is that a law is hypocritical when it punishes individuals for doing things many of us had done, when we would certainly consider such punishment unthinkable or unconscionable if applied to us.

Consider the following example: Someone who is a non-citizen and who was caught at any time is his life experimenting with marijuana would now face serious threat of deportation, or refusal of entry into our country. If he was caught twice, then deportation or exclusion becomes probable. If someone tries to smoke marijuana cigarette during his college years, but did not like the taste, and chose instead to sell it to a friend for five bucks, then this person will now be deported or excluded permanently as drug trafficker, regardless of the passage of decades. Under our immigration laws, offenses committed at any time often count as offenses committed yesterday, without regards to how the person developed or who is the person today.

But, how is the experimentation of marijuana in young age reflective of how a person might develop? The answer is that the correlation is zero. We have multiple Presidents who admitted to experimenting with worse than marijuana. We have had Supreme Court nominees who had admitted to the same. Thus, smoking marijuana is clearly not indicative of what the person might become at a later time of his/her life.

Note that the example above does not deal with undocumented aliens. It involves legal immigrants or visitors to our country. In case of green card holders, the deportation would destroy families and often separate kids from mother or father.

Other examples involve individuals who have committed relatively minor or non-violent crimes, such shop lifting, or other mistakes in their life, decades ago, and have been completely rehabilitated. Some might not have spent even one day in jail; yet, decades later our government is spending billions of dollars in salaries for federal agents trying to deport them. Does this make sense?

Our law justifies this travesty under the fiction that deportation is not a punishment, but administrative procedure of simply returning someone to the country they came from. And while that might be true for someone who jumped the border fence recently, it is a tragic fiction for those with families who had lived here for many years and have nowhere else to go. Unfortunately, our courts are happy participants in this fictitious nonsense since it gives them easy way out rather than face the difficult reality that deportation for some people is worse than jail.

I am convinced that if our current immigration law was in effect since the start of our country, and if somehow by magic the background history of those immigrating here could have been disclosed, many Americans, including some at DHS, would not be living here, as their ancestors would certainly have been denied entry. I am also convinced that in many cases, the federal agents or government officials doing the deportation have done in their life not much better than those they are deporting. It is just that even if caught, the fact they are US citizens meant that the consequences are minor.

What does that say about our society? We are spending fortunes in the billions of dollars trying to deport people, who otherwise are fully rehabilitated, for things they did decades ago, for which they have paid dues to society and some of which are minor, and in the interim, we are destroying families and devastating many lives. A society is best judged by how it treats its most vulnerable. Immigrants can not vote and hence are indeed among the most vulnerable among us. And how we are treating them does not make us look very good.

Posted in Bills & Laws, Immigration, security, and fear, Recent Posts | Comments Off

Common Misconceptions about Immigrants and Immigration

A law professor in Kansas City, Missouri has recently renewed his efforts to deny non-citizen, undocumented children access to in-state tuition in Nebraska. Kris Kobach, whose previous attempt in Iowa failed, now represents three families whose U.S. citizen children are charged higher tuition rates because they do not qualify for in-state tuition. He argues that non-citizens should not be permitted to pay less than citizens. I am simply unable to understand why anyone believes innocent children should be punished, and with such harsh punishment at that; it is in this nation’s best interest to encourage and permit children to attend college. It is in the States’ best interest to retain autonomy and determine financial benefits afforded to residents.

Aside from those issues, however, it is clear that at the heart of this and similar debates are three major misconceptions about immigrants and immigration: the concept of “citizen” versus “resident,” the demography of Taxpayers, and the civil nature of Immigration Law.

Citizenship

Only recently did I learn that U.S. law provides for citizenship by birth on U.S. soil because of slavery. Lawmakers did not know how to treat slaves; slaves were not considered citizens, and Congress was not willing to grant them citizenship. The solution was citizenship to anyone born in the U.S.

As someone lucky enough to have been born in the U.S., I can say that until studying law, I did not fully recognize the advantages my U.S. Citizenship confers. It was nothing I had ever needed to consider. In learning law generally and immigration law specifically, however, I learned that in many cases, citizenship confers no legal advantage. Often, no distinction is made between citizenship and non-citizenship. At the state level, most laws and regulations focus on residency, rather than U.S. citizenship. In addition to college tuition, non-citizens may get divorced in state court, for example, but only where the court has jurisdiction; jurisdiction is determined in large part on residency in that state, county, or district. Citizenship is irrelevant. Likewise, non-citizens can sue in federal courts. In fact, the U.S. Constitution limits its reach to non-citizens in only a few instances, namely the right to vote and hold public office. The U.S. Constitution generally applies to all residents of the U.S., although the laws have been limited in many instances. Prison inmates, for example, have been deemed to have fewer rights. Notably, this applies to U.S. citizen prisoners and non-citizen prisoners alike. The Bill of Rights, however, does generally apply to all persons residing in the U.S.

So what does citizenship mean? A U.S. passport. The right to enter and exit the borders of the U.S. freely. The right to vote. The right to run for public office. But what else? Is a U.S. citizen more likely to know the history of this country? To be politically aware and engaged? Does it mean citizens actually exercise the right to vote? Are citizens more likely to open a business? Support local businesses? Have access to health care? Be nice to neighbors? Donate to charities? Volunteer in the community? Not necessarily. Citizenship is irrelevant.

I know a lot of immigrants – visitors, temporary residents, undocumented persons, persons out of status, permanent residents, and naturalized citizens. All of them, without exception, love this country. They take pride in it, which they often wear on their sleeves. They explore the beautiful lands that make up the U.S., delve into their communities, eagerly help their neighbors, and even educate themselves politically – despite not having the right to vote in many cases. This is not to say all immigrants are more patriotic or engaged than U.S. citizens; certainly that is not the case. However, it begs the question: why do so many U.S. citizens harbor such resentment towards non-citizen immigrants?

Perhaps it relates to taxes…

Taxes

The second greatest misconception is that immigrants do not pay taxes. The Federal Tax Code is not based on citizenship. Here again, residency is the determining factor. Generally, anyone who lives and works in the U.S. for any amount of time must pay taxes. This applies to all immigrants. This is why a Tax Identification Number (TIN) is made available – so that non-citizens, or anyone who does not have a Social Security Number, can still pay taxes.

In my experience, I have not met any immigrants, documented or undocumented, who do not pay taxes. Of course I am not saying that everyone pays taxes, but the point is that it is a huge misconception that just because someone is an immigrant, documented or undocumented, they do not pay taxes. There is a disconcerting leap in logic in that notion, and is one that simply does not hold water. Further, many surveys of all immigrants indicate that they use fewer social services than any other portion of society, despite being a population that overall pays a high percentage of taxes nationwide. Thus, the allegation that they simply feed off society by not paying into the very pool of money they drain, is a weak and ignorant one.

It is true that many immigrants work without legal authorization to do so. This is a large-scale problem, admittedly. The Department of Homeland Security has increased its efforts to enforce laws that are meant to prevent unlawful hiring practices. This cuts both ways, though. Mass deportation of employees of the Posteville, Iowa factory has devastated that town and left it in financial ruin. Many employers, farmers in particular, hire undocumented persons because they cannot afford to pay minimum wage, or because they cannot fill an unsavory position (think slaughterhouse cleaning crew) otherwise. Yet, minimum wage is in place to protect workers. The issue is far-reaching in our society, and the blame should not be squarely placed on the shoulders of immigrants.

“Illegal”

The term “illegal” in the context of immigration is largely a misnomer. Immigration laws are Federal Civil laws completely separate from Federal Criminal laws. To enter this country without the proper paperwork or to overstay a visa – these are not crimes. They are simply violations of civil law. No one can be sentenced to jail for doing that. In fact, the most severe penalty for violating an immigration law is a misdemeanor punishable up to six months in jail for crossing the border without inspection – roughly the equivalent of the punishment for driving under the influence. (Detention while proceedings are pending is also not criminal in nature, but rather a measure to ensure the detainee leaves the U.S. The conditions of detention, however, blur this line and must be reformed. I previously wrote about this topic.)

Anyone who continues to harbor such ill-will towards immigrants after a better understanding of the basics must know something I don’t, or be coming from a very different place than I am. I would be very interested to know what or where that is…

Posted in Bills & Laws, Citizenship, Immigration, security, and fear, Recent Posts, Reform, The undocumented | Comments Off

Call to Action!

Last month, I went with Peter to Washington, DC to discuss immigration policy with several of Michigan’s Representatives in the U.S. Congress and both U.S. Senators as part of the American Immigration Lawyers’ Association (AILA) annual National Day of Action (NDA). The goal of the NDA is to educate our elected representatives about immigration, to advocate for immigration legislation reform, and perhaps most importantly, to make our voices heard. Nearly 20 AILA members comprised the Michigan delegation, but hundreds of AILA attorneys from across the country participated in the event by visiting their own state’s elected officials.

I believe this trip, and the annual efforts by AILA to organize this event, was effective. Those with whom we met were receptive to the information we provided and expressed interest in hearing our perspective as supporters of comprehensive immigration reform. Although not all of Michigan’s elected representatives agree with our belief that immigration laws must be reformed on a large scale, they were at least willing to listen and consider the benefits of reform, as well as the detriments of the status quo. At the end of the day, I felt as though we were successful in our mission.

Despite our success on that day, we are still a long way from our goal of achieving immigration reform. That one trip alone is not enough to accomplish that goal. Each office we visited on Capitol Hill made clear and reiterated several times that if we want to see comprehensive immigration reform, they need to hear from more constituents who support immigrants and immigration reform. The stacks of letters and hundreds of phone calls received by the Representatives and Senators are very persuasive taken as a whole, and certainly go further than one visit by small groups of AILA members. Unfortunately, the overwhelming majority of the communication they receive about immigration is anti-immigration reform, and is largely anti-immigration altogether.

Therefore, if you believe in the positive impact immigrants have on this great country, and if you believe we can improve our immigration laws (and should), please make your voice heard! Representatives and Senators will not act in your favor if they do not know where you stand. Let them know what you believe and encourage them to sponsor or support immigration reform, and that they should act now.

To be effective, it is not necessary to know the intricacies of current immigration laws or the details of proposed laws. It is enough to simply call or write your elected representatives to say, ‘I support immigration reform. Please sponsor or support immigration reform now.’ Of course, passion and detail can go a long way so if you are willing to tell your own story, or share the story of someone you know, consider sharing it with your elected representatives. Whether that story is about a dream come true or a living nightmare, our representatives on the Hill need to know.

My fear is that if we do not actively seek the change we know is needed, we will miss a golden opportunity and will be stuck with the many harsh, overly restrictive, and outdated laws currently in place. To let this chance pass us by is to endorse these very laws.

Please see the links below for your convenience.

U.S. Senate directory and contact information: http://www.senate.gov/general/contact_information/senators_cfm.cfm
To identify who your U.S. Representative is and link directly to their website:
https://writerep.house.gov/writerep/welcome.shtml
Immigration news, facts, and talking points:
http://www.immigrationpolicy.org/index.php?content=onpoint

Posted in Bills & Laws, Immigration, security, and fear, Recent Posts | Comments Off