Overview of the US Immigration Policy

How does a non-citizen legally enter the US? There are two distinct paths into the country:  Permanent (immigrant): As a lawful permanent resident (LPR), one receives a permanent resident card (a “green card”), is eligible to work, and may later apply for the US citizenship.  Temporary : diplomats, tourists, temporary agricultural workers, students, intracompany business personnel. They are not eligible to get citizenship, may not work or work only for a particular place, and are required to leave the country when their visas expire.

You are not allowed into the country if:  You are convicted of a felony.  You have a history of drug abuse.  You have an infectious disease (syphilis, HIV, and tuberculosis).

Some Statistics  The US admits approximately 900,000 legal immigrants (permanent residents) every year (900,000 is.3% of the US population).  The State Department issues 5 million visas authorizing temporary admission to the US.  The criteria for admission for permanent residence is much more stringent than for temporary visitors.

The goals of current immigration policy  To reunite families by admitting immigrants who already have family members living in the US  To admit workers in occupations with a strong demand for labor  To provide a refuge for people who face the risk of political, racial, or religious persecution in their home countries  To provide admission to people from a diverse set of countries

Category #1: Immediate Relatives of US Citizens (43% of total LPRs)  Spouses and unmarried children (under 21 years) of the US citizens  Parents of the US citizens aged 21 and older

Category #2: Family-Sponsored Immigration (23%) In order of preference: 1) Unmarried sons and daughters (aged 21 and older) of the US citizens 2) Spouses and unmarried children of lawful permanent residents 3) Married sons and daughters of the US citizens 4) Brothers and sisters of the US citizens aged 21 and over

Category #3: Employment-Based Immigrants (16%) Up to 155,000 visas in 5 preference categories: 1) “Priority workers” with extraordinary ability in the arts, athletics, business, education or science; 2) Professionals with advanced degrees; 3) Skilled and unskilled workers in occupations deemed to be experiencing shortages; 4) “Special immigrants” such as ministers of religion; 5) People willing to invest at least $1 million in a business that create at least 10 new jobs in the US.

Category #4: Refugees and Asylum Seekers (8%)  Refugees and asylum seekers are persons who are outside the country and are unable or unwilling to return to that country because of a well-founded fear that they will be persecuted because of race, religion, nationality, membership in a particular social group, or political opinion. In 2007, President Bush authorized the admission of 70,000 refugees annually into the country (.02%).

Category #5: Diversity Immigrants (5%)  Up to 50,000 green cards are given away through a lottery system to promote immigration from those countries that are not currently the principal sources of immigration to the US. Applicants must have a high school diploma or equivalent or at least two years of training or experience in an occupation and are selected through a lottery.

Top Sending Countries for LPRs  Within all these categories, there are either regional (continental) or national caps on the numbers of LPRs.  Top three source countries of LPRs are 1) Mexico, 2) India 3) Philippines which together make up a third of all LPRs in the US.

Some History of Immigration Law  First law limiting immigration was in 1875: no criminals, prostitutes, or Chinese contract laborers  After World War I, new restrictions:  Quota law in 1921: each nationality had a quota based on its representation in past US census figures, with immediate relatives of US citizens exempt from the quotas.

Some History of Immigration Law  The quota system was abolished in 1965 and replaced with categorical preferences for relatives of US citizens and LPRs and for immigrants with job skills deemed useful to the US. This system is largely still in place.  Immigration Act of 1990 added a category of admission based on diversity (countries that were not historically sending countries to the US).

Becoming a US citizen: Naturalization  Any lawful permanent resident who has maintained a period of continuous residence and presence in the US for 3-5 years can apply for citizenship.  He or she must have good moral character, knowledge of US history and government and the English language, and a willingness to support and defend the US and the Constitution.  About 500,000 LPRs became citizens in 2004.

Two Main Ways Into the Country for Illegal Immigrants  Entering the country without going through a checkpoint (at airport, port, or border crossing)  Overstaying a temporary visa  An estimated 300,000 people come to the US illegally every year.  Why are they here?  How did they get here?

Why is there Illegal Immigration?  Pathways of legal immigration are slow and costly.  Non-citizens with LPR petitions are denied temporary admission to the US.  Under the category of unskilled workers in shortage areas, there is a cap of only 10,000 green cards annually.

Illegal and Legal Immigrants are not so different as they seem  Illegal immigrants pursue legality through papers (driver’s licenses, SS cards).  Many of those who are illegal have children or spouses who are legal residents or citizens.  Many illegal immigrants fall through the legal cracks in terms of paperwork.

Current Proposed Legislation Enforcement:  Increased surveillance at the US-Mexico border through the National Guard and Border Patrol  Construction of 700 miles of fence at the border (2100 miles long).

The Proposed US-Mexico Border Fence

US-Mexico Border at Nogales (Arizona and Sonora)