Lesson 7: Undocumented Immigration

Undocumented Immigrants Undocumented immigrants may have entered the US without showing a visa or green card. They may be here with expired papers. They do not have documents that allow them to stay in the US. Estimated 11.1 million in U.S. (3.7%)

Half of all undocumented immigrants in the U.S. live in California, Texas, Florida, or New York. There are one million undocumented children in the United States. Another 4.5 million children have at least one undocumented parent.

Brainstorm The number of undocumented immigrants in the United States has declined by 8% since Why?

Barriers to Legal Immigration Limited numbers of visas for low skilled workers; Long wait times for family members; Expensive and complicated process; Refugees and asylum seekers face high standard of proof; Bars for immigration violations and minor crimes

Brainstorm Why do people come to the U.S. without authorization, or overstay their visa?

Life is very hard… cannot legally work in the U.S; do not get any public assistance other than emergency medical care; and can be arrested and deported at any time. Undocumented immigrants:

They are vulnerable… They face exploitation from their employers. Many are afraid of talking to government officials, so they do not receive police protection. Children of immigrants not born in the U.S. cannot go on to higher education.

Immigration Enforcement If found by immigration officials, undocumented people may be arrested and deported. Main Enforcers: Immigration and Customs Enforcement (ICE) Customs and Boarder Protection (CBP)

Deportation People may be deported from the U.S. if they violate immigration laws. In fiscal year 2009, ICE completed 387,790 deportations. From 1997 to 2007, over one million family members have been separated by deportation.

Detention ICE operates the largest detention program in the US: 378,582 non-citizens from 221 countries in Mandatory detention for many refugees without a hearing by a court. Weeks or months in jail waiting for a hearing or pursue an appeal.

Immigrants have a right to a hearing, but… Do not always get a hearing; Cannot be represented at the expense to the Government; In over half of all deportation cases, immigrants did not have access to a lawyer.

The Hearing The immigration judge decides if there is sufficient evidence. The judge also decides whether there is any defense.

Defenses against Deportation In some cases, undocumented immigrants who are ordered removed may apply to stay in the U.S. Examples of those who can find relief from deportation may include: Victims of crimes, human trafficking, persecution, or domestic violence. Individuals whose removal would result in extreme hardship to a U.S. citizen and who have lived here for 10 years and are of “good moral character.”

People deported from the United States are barred from returning for at least 10 years. What do you think?

Questions? Comments?