Immigration law in the united states

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Presentation transcript:

Immigration law in the united states “Give me your tired, your poor, Your huddled masses”

Who is an immigrant? An immigrant is someone who leaves one country to permanently live in another country. Immigrants come to the United States for many different reasons. Why do you think people immigrate to the United States?

Citizens vs. Non-Citizens There are three classes of non-citizens in the United States Lawful Permanent Residents Undocumented migrants Non-immigrants Non-immigrants are foreigners who enter the United States temporarily We will not focus on this group of non-citizens

Lawful Permanent Resident A lawful permanent resident (LPR) is a person living in the United States with permission from the U.S government and with a “green card”. Green card is the term many people use to refer to a lawful permanent resident card. A LPR may live in the United States indefinitely and may become citizens through naturalization. Naturalization is how a person not born in this country but holds the status of full time resident becomes a citizen.

Lawful Permanent Resident & Refugee Refugees come to this country after leaving a country that was not safe for them to live in. After one year in the United States a refugee can apply to change their immigration status from refugee to lawful permanent resident status and get a green card.

Undocumented Migrant "Illegal" or "unauthorized" immigrants enter the US without official permission. Undocumented migrants may pass through inspection with fraudulent documents, enter legally but overstay the terms of their temporary visas, or somehow violate other terms of their visa.

Deportation Deportation, now called removal, is the process of removing a person from the United States. Generally, when a person is deported they are no longer allowed to live, work or visit the United States.

Who can be deported? Any person that is living in the United States that is not a citizen can be deported if they break the law. This includes immigrants with legal permission to be in the country. It also includes political refugees that have been in this country since they were children.

No Second Chance Current immigration laws utilize a “no second chance” framework. Non-citizens living in the United States that have committed certain crimes, even if it was just one crime, are at risk of being deported. It only takes one crime or one wrong decision to be deported.

Why does someone get deported? A non-citizen can be deported for a number of reasons; Having entered the U.S without legal permission Overstaying an immigration visa or work permit Having committed certain crimes (whether in the country legally or not)

What should a non-citizen do if they get in trouble with the law? Talk to an attorney immediately! Pleading guilty to certain crimes will make you deportable and may eliminate any type of remedy from deportation. Be honest with your attorney about your citizenship status. Do not apply for your own citizenship until you have talked to an immigration attorney because you may risk placing yourself in deportation (removal) proceedings. Do not leave the U.S until you talk to an immigration attorney. If you are not a citizen, and you have a criminal record, you may not be allowed to return to the country.

Tips for Non-Citizens OBEY ALL LAWS! Become a U.S citizen if you are eligible. If you are under 18, help your parents become citizens as soon as possible. If you are a permanent resident and your parent becomes a U.S. citizen before you turn 18, then you will automatically become a citizen.

Final Word Remember: any non-citizen can be deported if convicted of certain crimes. A person can be deported even if they have lived in this country since they were a small child, even if they only speak English, even if all of their family and friends are in this country, and even if they are under 18 (in some cases). http://www.dailymotion.com/video/x2ta0n_sentenced-home-trailer_politics

Which crimes lead to deportation? According to federal immigration law, an immigration judge has the power to decide which crimes carry the penalty of deportation. Which crimes do you think should lead to deportation?

Student Activity Complete the google form and indicate how strongly you feel a person should/should not be deported for the crimes listed. https://goo.gl/forms/cppoi7hd3NmN1MOf2 Once everyone is done, we will move on to part 2.

Examples of crimes meriting deportation Possessing, using or selling any illegal drugs including marijuana Domestic violence against a spouse or boyfriend/girlfriend Violent crimes Stalking Renting a car and not retuning it as scheduled (auto theft) Using false papers to get a job (fraud) Lying to a police officer or a judge about your name Shoplifting Writing bad checks Burglary of a house or store Fistfights, especially with a weapon Kidnapping your girlfriend to marry her Having sex with someone who is under 18 Committing a crime as part of a gang Threatening to harm or kill someone