1. Monica Andrade, Skadden legal fellow
Immigrants’ Rights
Monica Andrade, Skadden legal fellow

2. What is the ACLU? Non-partisan, non-profit organization
Our purpose is “to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States.”
Local affiliates in all 50 states, the District of Columbia, and Puerto Rico
Oldest and largest civil rights and civil liberties organizations in the country.
Our tools: public education, advocacy, organizing, and litigation.

4. Presentation Structure
I. Quick Overview of Immigration System
Immigration 101
Misconceptions
Application
II. Current issues-ACLU of Michigan
Immigrants’ Rights and Detention
Deportation and Due Process
Border Zone
III. What is happening right now with family separation?
IV. Questions

5. I. Quick overview of immigration system

6. Who is involved? Primary federal departments focused on immigration
Department of Homeland Security (DHS)
US Citizenship and Immigration Services (USCIS)
Immigration and Customs Enforcement (ICE)
Customs and Border Protection (CBP)
Department of Justice
Immigration Court, Board of Immigration Appeals
Department of State
Embassies / Consulates
INS does not exist!

7. Immigration and Customs Enforcement (ICE)
responsible for interior enforcement of immigration laws
In enforcement actions and when carrying out a warrant, they should identify themselves as federal ICE agents
In the past there have been incidents where ICE agents have improperly described themselves as “police”, suggesting they were officers with local police departments

8. Border Patrol Border Patrol wears a distinctive green uniform
They’re housed within the Customs and Border Protection agency, which is itself a subsidiary of the Department of Homeland Security
Their enforcement authority is primarily constrained to a zone that is 100 miles from the border
Within the 100 mile zone, they have increased authority to conduct warrantless stops, based solely on “reasonable suspicion” (some articulable basis for suspecting a violation of the U.S. laws)
It’s important to be able to identify the relevant agency actors so as to follow up on any abuses or violations that occurred.

9. What is immigration status?
Citizen (USC)-through birth, naturalization, derivation, or acquisition
Permanent resident (LPR)-through family, business, lottery, or humanitarian bases
Conditional permanent resident (CPR)
Refugees; Asylees
Non-Immigrants (e.g. students, tourists, diplomats)
Deferred Action, parole
None (undocumented; overstays)

10. How to Get a Green Card Four Main Ways to immigrate:
Employment-based immigration (15%)
Family-based immigration (65%)
Humanitarian remedies
Diversity Lottery

11. Family Basics “Immediate Category”
U.S. citizen spouse—non-citizen spouse
U.S. citizen parent– non citizen minor child
U.S. citizen son or daughter(>21)—non citizen parent
Waitlist categories (preferences)
Spouse, unmarried children of green card holders
Adult children, married children, siblings of U.S. citizens
Note: no uncles/aunts, grandparents
Same sex marriages recognized by immigration law

12. Family Basics Process: File a petition (I-130)
Wait until it is “current”
Limited number of immigrant visas allotted to the various “preference categories” each year
Monthly visa bulletin published by State Department shows the processing dates for preference categories.
Note: a person does NOT have status while they are in waitlist (even if petition has been “approved”)

13. Visa Bulletin For June 2018 Family sponsored Everywhere China India
Mexico
Philippines
F1 unmarried sons/daughters of USCs
08APR11
01JUN97
22MAR06
F2A spouses and children of LPRs
08JUN16
08MAY16
F2BUnmarried sons/daughters of LPRs
22JUN11
11JUN11
15FEB97
15JAN07
F3Married sons/daughters of USCs
15MAR06
01OCT95
08APR95
F4Brothers/sisters of USCs
22OCT04
15MARCH04
08JAN98
22FEB95

14. Adjustment of status v consular processing
If you are outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as consular processing. If you are already in the United States, you can apply for permanent resident status without having to return to your home country to complete processing. This process is called adjustment of status

15. Unlawful presence “the bars”
6 mo-1yr, three year bar (waiver available) 1yr plus, ten year bar (waiver available) If aggregate >365 days, ten year bar Unlawful entry: must show “extreme and exceptionally unusual hardship” to U.S. citizen or LPR spouse/parents Multiple unlawful entries-ten year bar Removal order-ten year bar (generally)

16. How to get a green card yes Application/Interview in US In the U.S.
Eligible to “adjust”
Application/Interview in US
In the U.S.
Eligible for petition? No
waitlist
Green card
Bars
Outside of U.S.
Leave US?
Process at US consulate
Consulate interview

17. Ways NOT to get a green card
Having come to the U.S. at a young age
Having lived in the U.S. for a long time
Having a U.S. citizen child under the age of 21
Being a very very very good and committed worker
Having a serious medical condition (or having a child with a serious medical condition)

18. Get in line.
People are fond of telling foreigners to “get in line” but what does that line actually look like, and how many years (or decades) does it take to get through?

19. Green card through employment
Generally, individuals who are undocumented in the U.S. and w/o family ties are not going to be able to secure green cards through employment.
In practical terms, available only to holders of advanced degrees, certain professionals, persons of extraordinary ability, investors:
Most require employer to obtain “labor certification” showing no minimally qualified US workers available

20. Green card through humanitarian pathways
Asylees and refugees
Refugee: obtain “refugee” status outside U.S.
Asylees: apply for & are granted “asylum” inside the U.S.
After one year can apply for green card
Both must show:
“well-founded fear” of persecution in home country AND
That persecution will be because of their: Race, religion, nationality, political opinion, membership in particular social group

21. Humanitarian basics Asylum-must apply within 1 year of arrival
Withholding of removal-after 1 year, eligible for withholding, but much tougher standard
Convention against torture-if likely to get tortured

22. Humanitarian Basics
Violence Against Women Act (VAWA): battered spouses & children of U.S. citizens & permanent residents U visa: victims of serious crimes who cooperate with law enforecement Tvisa: victims of human trafficking Special immigrant juvenile status (SIJS)- unaccompanied children in long term foster care Temporary protected status: individuals from certain countries

23. Deferred Action for Childhood Arrivals (DACA)
Executive program started in 2012 for certain undocumented youth, aka “Dreamers”
NOT the DREAM ACT
Temporary permission to stay in U.S.
Social security number
Employment authorization
State ID (depends on state law)
No pathway to permanent residence or citizenship

24. Green Cards for Undocumented Immigrants
In order to get permanent residence you must both
(1) fit one of the criteria (family, employment, asylum, refugee, etc…); AND
(2) qualify to be able to get status in the U.S.
The vast majority of immigrants who entered without inspection/permission do not meet the second requirement.

25. Current ACLU of Michigan issues in immigration
Hamama v. Adducci
Muslim ban FOIA
100 mile zone
No deportation in Flint, Michigan
DL for Dreamers
Greyhound campaign
Promoting healthy relationships between police and immigrant communities
ICE courthouse enforcement

26. 100 mile zone
FOIA against CBP for its 100 mile zone policy- which authorizes agents to engage in warrantless vehicle searches within 100 miles of any international border or waterway.
Because CBP considers all of Michigan to be within its “100-mile zone,” the agency permits its agents to search the vehicle of any motorists anywhere in the state—even those belonging to American citizens and legal immigrants—without a warrant. The agency has refused several requests to turn over information related to the stops, detentions, arrests and complaints stemming from the policy.

27. Families separated at the border (fact checking)

28. Is there a law that requires family separation? No
This crisis stems from a series of policy choices this administration made.
Is the administration separating asylum seeking families who enter at ports of entry?
Yes.

29. Detention & Removal
There is no right to an appointed attorney in immigration court.
Gideon v. Wainright (1963) requires that no one be deprived of their liberty without access to legal counsel, but that case only applies to criminal matters, not civil.
Many people are not able to afford a private attorney so are forced to represent themeselves.
Average time to complete a case: 780 days

30. For more information: Monica Andrade: mandrade@aclu.org www.aclu.org
WE THE PEOPLE
Monica Andrade: