{"id":99532,"date":"2017-03-16T00:19:40","date_gmt":"2017-03-16T07:19:40","guid":{"rendered":"http:\/\/admin.patheos.com\/blogs\/markshea\/?p=99532"},"modified":"2017-03-15T15:24:54","modified_gmt":"2017-03-15T22:24:54","slug":"reader-sends-along-information-immigration","status":"publish","type":"post","link":"https:\/\/www.patheos.com\/blogs\/markshea\/2017\/03\/reader-sends-along-information-immigration.html","title":{"rendered":"A reader sends along information on immigration"},"content":{"rendered":"\n<\/head>

She writes:<\/p>\n

I wanted to send two resources along regarding immigration law that square with my (limited) experience. People don\u2019t really understand immigration patterns or the procedures involved for people to get here legally or what motivates people to come here without legal status and perhaps they\u2019ll find these illuminating. <\/p>\n

I had a lot of preconceived notions about immigrants until I started learning about how our system works (or doesn\u2019t \u2014 depending on who you ask). Feel free to share, but without my name. The political environment is harsher than ever for those of us who are just gut flora in the belly of the beast.<\/p>\n

The first is a media post by an immigration lawyer available here<\/a>:<\/p>\n

The second is also a post by an immigration lawyer. Lily S. Axelrod posted the following at her public facebook page<\/a> (apologies for length but I can\u2019t figure out how to link to a single facebook post because I\u2019m not a millennial):<\/p>\n

What part of \u201cillegal\u201d don\u2019t you understand?<\/p>\n

In immigration law, there is no such thing as an \u201cillegal immigrant.\u201d It\u2019s simply not a category that exists. There are people who are deportable \/ removable (because they don\u2019t have permission to be here, because they have permission to be here but have violated a term of their stay, or for some other reason such as a criminal conviction). There are people who lack legal status and are also not removable. There are people who \u201chave no lawful status,\u201d but are also not \u201cunlawfully present.\u201d There are people who are removable but also eligible to apply to stay in the US lawfully. There are people who would be eligible to apply to stay here lawfully, but the application is only available if the government first tries to deport them. There are people outside the US who are not eligible to come in legally, but if they were here, they would be allowed to stay. There are even people who are simultaneously deportable and eligible to apply for citizenship.<\/p>\n

There are also ways to \u201cbreak the law\u201d and still be present lawfully. There are lots of types of violations of immigration law and criminal law that can\u2019t result in deportation for people in certain types of status, or where there\u2019s a \u201cgrace period.\u201d There are some crimes where you\u2019re fine if you were convicted in 1995, but totally out of luck if it was 1997.<\/p>\n

When somebody comes to my office, it often takes me well over an hour of reviewing their paperwork and asking them questions about their entire life story and family history in order to figure out (a) whether they entered the US lawfully, (b) whether they are currently present in the US lawfully, (c) whether the government can lawfully deport them, (d) whether, if the government tries to deport them, they are eligible to apply to stay and how likely they would be to win, and (e) whether they\u2019re eligible for benefits such as an employment based visa, a marriage-based green card, citizenship, asylum, visas for victims of crime or domestic violence, etc.<\/p>\n

Sometimes we even find that somebody is a US citizen and didn\u2019t even realize it \u2014 the US accidentally deports US citizens every year.
\nEvery time Congress amends the Immigration and Nationality Act, they intensify our headache. Popular culture doesn\u2019t reflect the complexity and subtlety of the laws, so understandably people want to classify folks\u2019 status as \u201clegal\u201d or \u201cillegal\u201d when it\u2019s usually just not so simple. I wish the laws were more straightforward and easier for people to follow.<\/p>\n

So saying \u201cillegal immigrant\u201d is kind of like saying \u201can illegal movie.\u201d There\u2019s no such category, so what does it mean? Does the movie include illegal content such as child pornography and is therefore illegal to distribute? Did non-union actors work in violation of a labor agreement? Is the movie R rated but the theatre is allowing 5-year-olds in? Did somebody on the crew get a parking ticket on location? Was the DVD pirated or the script plagiarized? Does the movie depict lawlessness? Just saying \u201cillegal movie\u201d is nonsensical and doesn\u2019t give you any information about the movie, whether I am allowed to watch it, or who would be responsible for what violations of which law.<\/p>\n

\u201cUndocumented\u201d is a political term, not a legal one. People generally use it as a respectful term to refer collectively to people who entered without inspection and still have no status, and also those who entered lawfully but overstayed or violated their status. People often assume that only undocumented people can be deported, but actually people in lawful status can be deported too, including lawful permanent residents (\u201cgreen card\u201d holders). I have a client right now who has had his green card for 30 years, nothing unlawful about his immigration status, but he is in deportation proceedings following an illegal arrest by immigration officers, because of a criminal conviction from the early 1990s that he didn\u2019t have to serve a day in jail for.<\/p>\n

I sometimes use the general terms \u201cout of status\u201d or \u201clacking lawful immigration status.\u201d This is roughly equivalent to how people use the term \u201cundocumented\u201d but it\u2019s more precise because often people are \u201cout of status\u201d even though their entry to the US was totally legal and documented.<\/p>\n

So\u2026 now what part of \u201cillegal\u201d don\u2019t you understand?<\/p>\n

(With gratitude to Adam Si, who helped adapt this from several comments on a personal Facebook discussion in November and encouraged me to bring it all together and publish it).\n<\/p><\/blockquote>\n<\/blockquote>\n<\/body><\/html>\n","protected":false},"excerpt":{"rendered":"

She writes: I wanted to send two resources along regarding immigration law that square with my (limited) experience. People don\u2019t really understand immigration patterns or the procedures involved for people to get here legally or what motivates people to come here without legal status and perhaps they\u2019ll find these illuminating. I had a lot of […]<\/p>\n","protected":false},"author":92,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[8,587],"class_list":["post-99532","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-mailbag","tag-the-least-of-these"],"yoast_head":"\nA reader sends along information on immigration<\/title>\n<meta name=\"description\" content=\"She writes: I wanted to send two resources along regarding immigration law that square with my (limited) experience. 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