Proposed Regulation Seeks to Remove Adjudication Deadline, Threatens to Leave Asylum Seekers Without Work Authorization Indefinitely

FeaturedProposed Regulation Seeks to Remove Adjudication Deadline, Threatens to Leave Asylum Seekers Without Work Authorization Indefinitely

Asylum seekers in the United States may not work without authorization from federal immigration authorities. Proposed regulations threaten to leave asylum seekers without employment authorization indefinitely which they await decisions on their asylum applications.

Federal law prohibits asylum applicants from receiving employment authorization unless their applications have been pending at least 180 days. 8 U.S.C. § 1158(d)(2). Current regulations seek to ensure that people with pending asylum applications can work as soon as authorized by statute. The administration has proposed new regulations that would eliminate the regulatory time frame in which the Department of Homeland Security (DHS) must grant or deny the employment authorization application.

Under existing federal law, a person with a pending asylum application may apply for and receive authorization to work while their asylum application is pending. Regulations require an asylum applicant to wait at least 150 days after submitting an asylum application before they may apply for employment authorization. DHS, in turn, must process the application within 30 days of receipt, making the total wait time about six months after applying for asylum. 8 CFR § 208.7(a)(1).

The Department of Homeland Security has flagrantly disregarded the 30-day rule, resulting in a 2018 federal court order requiring DHS to comply with its own regulation and process applications within the required timeframes. Rosario v. USCIS. [1]

Rather than complying with the federal court order, DHS is trying to change the rule. On September 9, 2019, USCIS issued a proposed regulation to eliminate the 30-day processing rule and give the agency an unlimited window in which to process work permit applications.[2]

DHS is currently accepting comments on the proposed elimination of the 30-day processing time, and we encourage those concerned to submit such comments.

WHY THIS MATTERS

The Advocates for Human Rights is concerned that this change will harm clients, businesses, and communities by further delaying the time an asylum applicant must wait to legally work or get a driver’s license while their application is pending. This change will burden private support systems and charities, make it difficult for small businesses to find workers, and could have multiplier effects in terms of destabilizing communities. The Advocates is also concerned that this change represents yet another attack on the part of this Administration, which has consistently attempted to impede the right to seek asylum.

Of particular concern is the proposed elimination of the 30-day rule without providing a maximum processing time. Already, the six-month waiting period places a heavy burden on asylum seekers who were forced to flee, often having to leave behind or spend in transit any resources they may have had.

Asylum seekers today face long backlogs in asylum processing, often waiting years after filing the asylum application for an interview and, even later, a decision. Asylum seekers are often vulnerable, with medical and mental health needs due to their trauma and persecution. Generally excluded from public assistance, asylum seekers must work to provide food, clothing, shelter, and other basic needs for themselves and their families. Asylum seekers who were forced to leave spouses and children behind must save thousands of dollars to pay for travel expenses. Without employment authorization, asylum seekers are dependent on individual and other private charity.

Indefinitely blocking asylum seekers’ ability to support themselves and their families is an abuse of discretion and an attempt to further deter people from seeking asylum in the United States. The proposed rule comes on top of extreme adjudication delays by USCIS across all types of cases and recent changes in USCIS customer service procedures which make it nearly impossible to follow up on pending cases.

In addition, the proposed rule is part of a pattern of animus towards the right to seek asylum this administration has shown. The justifications contained in the proposed rule are veiled attempts to justify what is an attack on the rights of asylum seekers and a pattern of practice by this administration aimed at breaking the asylum system.

The Administration attempts to justify the proposed rule on the basis of national security and vetting concerns and on administrative efficiency interests. In terms of administrative efficiency, the proposed rule notes the burden that has resulted from shifting staff to timely process EAD applications in compliance with Rosario v. USCIS and claims there will be a cost saving by eliminating the timeline. However, it notes “USCIS could hire more officers, but has not estimated the costs of this and therefore has not estimated the hiring costs that might be avoided if this proposed rule were adopted.”

The proposal also cites vague security concerns which the federal court in Rosario found to be sufficiently low to order USCIS to comply with the 30-day processing deadline. Any need for additional vetting prior to issuance of employment authorization could be addressed by less draconian means than simply eliminating the processing parameters for all applicants.

The Universal Declaration of Human Rights enshrines the right to seek and enjoy asylum from persecution. The United States has committed to that principle through the International Convention on Civil and Political Rights, the Refugee Convention and Protocol, and the Convention Against Torture. This right has been codified in federal law. Without access to a means of basic support during the asylum process, the United States weakens its commitment to this fundamental human right.

WHAT TO DO

We encourage our volunteers, communities, and supporters—as well as applicants themselves—to submit a comment to USCIS discouraging this change.  Directions for how to do so can be found below, and sample wording is provided. Comments must be received on or before November 8, 2019.

In particular, DHS is specifically seeking comments on the following items.  Therefore, comments by supporters who have specific knowledge or relation to the following topics would be encouraged:

  • DHS also acknowledges the distributional impacts associated with an applicant waiting for an EAD onto the applicant’s support network. DHS cannot determine how much monetary or other assistance is provided to such applicants. DHS requests comments from the public on any data or sources that demonstrate the amount or level of assistance provided to asylum applicants who have pending EAD applications.
  • DHS requests comments from the public that would assist in understanding costs not described herein as relates to the impact on small businesses (referencing the IRFA).

HOW TO SUBMIT A COMMENT

You may submit comments on the entirety of this proposed rule package, which is identified as DHS Docket No. USCIS-2018-0001, by any one of the following methods:

· Mail: Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW, Mailstop #2140, Washington, DC 20529-2140. To ensure proper handling, please reference DHS Docket No. USCIS-2018-0001 in your correspondence. Mail must be postmarked by the comment submission deadline. Please note that USCIS cannot accept any comments that are hand delivered or couriered. In addition, USCIS cannot accept mailed comments contained on any form of digital media storage devices, such as CDs/DVDs and USB drives.

[1] Available at: https://www.americanimmigrationcouncil.org/sites/default/files/litigation_documents/rosario_vs_uscis_order_granting_plaintiffs_motion_for_summary_judgment_and_denying_defendants_motion_for_summary_judgment.pdf

[2] Available at: https://www.federalregister.gov/documents/2019/09/09/2019-19125/removal-of-30-day-processing-provision-for-asylum-applicant-related-form-i-765-employment

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Asylum Under Attack

FeaturedAsylum Under Attack

The current administration in Washington is waging an all-out war on asylum, which it falsely characterizes as a charade or loophole rather than an essential human right. While the war is focused on the influx of refugees at the southern border who flee violence and chaos in Central America, it threatens to demolish protections for refugees all over the world who come to the United States seeking safety. The Advocates for Human Rights deals every day with the desperate ones whose fates are at issue. Since policy affects real people, it is instructive to examine the government’s anti-asylum initiatives in juxtaposition with just one of the many stories in our case files, which is used with our client’s consent.

Maria was 11 years old and living with her family in Guatemala when a 22-year-old man began preying upon her, inducing her to engage in a sexual relationship with him. Her father forbade her from seeing the man, but he coerced Maria into returning to him by threatening to harm her family if she didn’t. The man kept her locked in a room in his mother’s house.

Having failed in the courts with previous anti-immigration tactics, the U.S. government just launched two new attacks on asylum by executive fiat, with other assaults being planned..

At the age of 14, Maria was forced to marry her abductor. She went to the police in Guatemala, but they told her this was a domestic matter that she should “work out” with her husband. When Maria’s husband found out she had gone to the police, he beat her. As time went on, the beatings continued.

First, the administration announced that there would be a great expansion of the use of the expedited removal process, by which immigration courts and asylum officers are bypassed completely and lower-level immigration officials are allowed to apprehend and deport undocumented immigrants with no due process so long as they have not been in the country for two years. The U.S. Commission on International Religious Freedom has sharply criticized the expedited removal process, finding that border officials often are biased against asylum claims and fail to take steps necessary to ensure that asylum seekers are protected from arbitrary expedited removal. Nevertheless, the administration has embraced it.

Maria became pregnant and told her husband. He continued to beat her, so badly that she lost the baby. She escaped and hid with a family member, but her husband searched for her relentlessly. With no other escape from her situation, and no possibility of help from her country’s government, Maria embarked on the arduous and dangerous journey through Mexico and across the U.S. border.

A second attack on asylum was the announcement of a new rule excluding people from asylum if they failed to first ask for asylum in a country through which they travelled. While this rule would affect all refugees, it is directed mainly at the Central American refugees who cross through Mexico and Guatemala before reaching the United States.

Non-profit advocacy groups promptly sued, challenging the administration’s third- country rule. Among other grounds, they argued that the rule violates an express Congressional prohibition against relying on the asylum procedures of any country unless we have in place with that country a “safe country” agreement, ensuring their asylum procedures provide an acceptable level of safety for claimants. No such agreement exists with Mexico. (On July 26, the U.S. entered into a purported safe country agreement with Guatemala, even though Guatemala does not come close to meeting the standards for a safe country and was in fact the country from which Maria fled due to the lack of any governmental remedy for the domestic violence that threatened her life.)

On July 24, federal district courts on opposite coasts issued opinions concerning the new rule. U.S. District Judge Timothy Kelly in the District of Columbia refused to enjoin the rule, essentially on a finding that the advocacy groups had failed to make a factual showing of standing to make their claims. The very same day, however, Judge Jon Tigar of the Northern District of California issued a lengthy opinion enjoining the rule, finding ample evidence that no reasonable asylum process was available in either Mexico or Guatemala. Appeals in both cases seem inevitable.

Maria found her way to The Advocates for Human Rights. Represented by Program Director Sarah Brenes, Maria won asylum. She is now living safely in the United States, where she is finishing high school and hopes to become a police officer.

Either of the latest attacks on asylum might have been used to deport Maria and send her back to her violent husband and a government unwilling to protect her. Can anyone believe that the United States would somehow have benefitted from that?

A humane asylum system is critical if we are to fulfill our legal and moral obligations to offer succor to the world’s most desperate. As many of us have been asking for some time now, what kind of country are we?

-James O’Neal, Board Chair of the Advocates for Human Rights

Featured

Understanding the Expansion of Expedited Removal

statue 2 web largeThe long-expected announcement of the expansion of expedited removal authority throughout the United States, just a week after the administration rewrote the rules on establishing a credible fear of persecution or torture, is like a 1-2 punch for due process and the right to seek asylum.

Expedited removal, a product of the 1996 Illegal Immigration and Immigrant Responsibility Act, gives low-level immigration officials the power of judge, jury, and executioner of deportation orders. This is particularly disturbing given the record of misconduct and lack of accountability that permeates federal immigration enforcement. Expedited removal authorizes immigration officers to summarily arrest, detain, and deport people believed to be in violation of two provisions of immigration laws. The American Immigration Council has a good primer on expedited removal here.

These provisions – INA 212(a)(6)(C) and (a)(7) – render people “inadmissible” to the United States based on misrepresentation or failure to have required documents for entry.

No actual proof of these violations is needed. There’s no appeal. The penalty: a five-year bar to returning to the United States on a visa.

These provisions are slippery creatures. Here’s how these laws work in practice.

A political dissident escapes their country after spending weeks in jail for attending a political rally. They have a visitor visa to the United States, granted to them so they can travel to this country for a conference of democracy activists, so they buy a plane ticket and head for safety. When they finally arrive at the U.S. airport, exhausted from a long flight and worn out after weeks of imprisonment and torture, they present their lawfully obtained visa to the immigration official. But, when they tell the officer that they want asylum, they invalidate their visitor visa because they say they want asylum, not just to visit. They have violated INA 212(a)(6)(C). Immigration officials arrest, detain, and interrogate them. They sit for hours without food or access to a phone. An immigration agent with little training on the political situation unfolding in this far-flung nation has the power to return them on the spot. No judge. No lawyer. No hearing.

Years ago, one of our volunteer attorneys called for help finding out what had happened to friend’s mother. The elderly grandmother had come to the U.S. for her annual visit. Her flight arrived, but she never came out of immigration control. Days later the woman made contact with her frantic children. She had been deported under the expedited removal laws. Apparently immigration officials saw other travelers with a similar last name on the flight who did not have visas. They accused her of being in cahoots with them. Eventually, after spending the night in an interrogation room at the airport, she was sent home with an expedited removal order. Five years of missed school plays and family celebrations were the result.

For years this extraordinary authority was limited to people arriving at airports and sea ports. Then the power expanded to people found within 100 miles of a U.S. border who couldn’t prove they had been in the country at least 14 days. (For my Minnesota friends, that meant that a visit to the North Shore could result in being pulled over, questioned by Border Patrol, and followed to your campsite – at least if you don’t “look Minnesotan” – as we documented in our 2014 report on immigration in Minnesota).

Now the Department of Homeland Security has expanded this sweeping power with plans to apply it to anyone, anywhere in the United States who cannot prove they have been here at least two years. Having lawful immigration status – or even being a U.S. citizen – is no guarantee that you won’t be questioned about your status or your documents. According to an NPR report, hundreds of U.S. citizens each year face detention and deportation. (And, let’s not forget, the United States has engaged in mass deportation of U.S. citizens to Mexico during the Depression, when “up to 1.8 million people of Mexican descent – most of them American-born – were rounded up in informal raids and deported in an effort to reserve jobs for white people.”)

The law treats people at the border differently. And bit by bit the “border” has expanded so that race-based traffic stops, document checks on trains and buses travelling in the northern part of the country, and roadblock checkpoints throughout the southwest all have become routine.

But the immigration law cannot override foundational constitutional protections against arbitrary arrest, incommunicado detention, disappearance, and torture.

So what should people do?

#1 Know your rights. Throughout the past weeks, as threatened ICE raids put communities on high alert, we saw examples of how making ICE play by the rules works to protect people. If you want a good overview of the constitutional limits on search and seizure, check out ICE’s own training on the Fourth Amendment. (Thanks Mijente and Detention Watch Network for forcing ICE to turn over it’s 2017 Operation Mega documents).

You have the right to remain silent. Immigration officials like to rely on people’s admissions of unlawful presence.

You have the right to refuse to let ICE into your home unless they have a warrant signed by a judge. ICE likes to show up with administrative warrants of arrest or removal, which are not enough to authorize them to enter your home.

Remember that even the draconian expedited removal procedures have a review process. People who fear persecution or torture have a right to a review of their claim. People who claim U.S. citizenship, lawful permanent residence, or refugee or asylum status have a right to a “claimed status review” before being deported under expedited removal laws.

#2 Plan ahead. You don’t have to carry a giant folder of documents with you, but gathering your important papers together and storing them in a safe place where a trusted person can access them is a smart move. Help people who may have trouble explaining or even knowing their status know what to do if ICE asks them questions.

#3 Sue. Seriously. Immigrant rights organizations around the country are planning litigation, but individuals whose rights are violated need to step forward. Violations need to be documented and accountability demanded.

#4 Speak out. The expansion of expedited removal was announced in the Federal Register on July 23, 2019. Public comments will be taken for 90 days. You may submit comments, identified by Docket Number DHS-2019-0036 using the Federal e-Rulemaking Portal at https://www.regulations.gov.

Call your congressional representatives at 202-224-3121 and ask them to restore due process by repealing the expedited removal laws.

By Michele Garnett McKenzie, Deputy Director of The Advocates for Human Rights

Featured

New Asylum Bar Takes Effect

Statue of Liberty_erik-lindgren-unsplashA new regulation by the Department of Homeland Security and the Department of Justice seeks to bar asylum to people who enter or attempt to enter the United States at the southern border if they do not first apply for asylum in at least one other country through which they traveled.  The Interim Final Rule published July 16 took immediate effect and allows only 30 days for public comment.

The new asylum bar is the latest in a series of actions designed to limit access to protection for refugees. The federal government has engineered a crisis at the southern border by starving the system of adjudicatory resources while exponentially expanding the capacity to detain people arriving in search of protection from persecution or torture. The government has used this engineered crisis to change unilaterally and without debate asylum eligibility rules.

The Advocates for Human Rights is deeply concerned about this restriction on the fundamental human right to seek and enjoy asylum from persecution. We are reviewing the regulation and monitoring its impact on our clients. Volunteer attorneys should watch for practice guidance and should reach out to The Advocates’ staff or consulting attorneys with questions.

What does the new rule do?

The new rule establishes a new mandatory bar to asylum for people who enter or attempt to enter the United States across the southern border if they did not apply for protection from persecution or torture in at least one third country through which they transited on their way to the United States.

Who does the rule apply to?

The new rule applies to anyone who enters or attempts to enter the United States at the southern border on or after Tuesday, July 16, 2019. This rule does not affect people who entered before July 16, 2019, or who enter or attempt to enter at other ports of entry.

Are there exceptions to the new rule?

There is a very limited exception for people who demonstrate that they are a victim of a severe form of trafficking in persons.

How can I help?

Speak out.

Comments to this rule, identified by EOIR Docket No. 19-0504, may be submitted via the Federal eRulemaking Portal: http://www.regulations.gov.

Call your congressional representatives at 202-224-3121 to ask them to protect the right to seek and enjoy asylum.

Volunteer.

We urgently need attorneys to represent asylum seekers. No immigration law experience is needed. You will get the training and support you need. Click here to get started.

Interpreters and translators make representation possible. Click here to help.

Human rights monitors are needed to observe immigration court hearings. Click here to learn more.

Donate.

The Advocates for Human Rights provides free legal help to more than 1000 victims of human rights abuses, including asylum seekers, victims of trafficking, and people in detention. We need your help now more than ever. Please click here to give.

Featured

Trafficking in Women and Girls in the Context of Global Migration

Since 2014, a growing number of women and children fleeing gender-based violence in the Northern Triangle countries of El Salvador, Guatemala, and Nicaragua have requested legal assistance from The Advocates in applying for asylum in the United States. The Advocates for Human Rights is able to help these women and children in two important ways: providing legal assistance in their asylum and trafficking cases and documenting their experiences to advocate at the United Nations for law and policy changes. 

In February 2019, Board member Peggy Grieve shared the experiences of our asylum clients with and made recommendations to the UN Committee on the Elimination of all forms of Discrimination Against Women.  Peggy delivered the following oral intervention during the Committee’s Half-day General Discussion on Trafficking in Women and Girls in the Context of Global Migration.

Dear Members of the Committee:

From The Advocates for Human Rights’ direct legal representation of Northern Triangle clients, we have determined:

(1) children, even when traveling in the company of migrating adults, are vulnerable to sex trafficking; and

(2) after arrival in the U.S., adults and children are at risk of labor trafficking.

Two examples. One client entered the U.S. as a 15-year-old girl with her father. A family friend coerced her into leaving home. They traveled to live several states away where this friend groomed her to be sex-trafficked.

A client entered the U.S. without inspection with her boyfriend. He brought her to live with his family.  Before long, he demanded that she repay him $10,000 he had paid smugglers for entry. He sexually assaulted her. She was forced into a low-paid, illegal job to cover her “debt.”

No one is going to believe you. You don’t have a voice. Here you are nobody,” she was told.

To help women and girls, victims of trafficking, survive, heal, and ultimately integrate into society and live a life free of further exploitation, a victim-centered, trauma-informed approach that provides survivors with immigration and other legal protections and adequate support services is critical.  The criminal justice approach focused on punishing traffickers, by itself, is insufficient to address the human rights of sex and labor trafficked survivors.

On behalf of our clients, the Advocates for Human Rights thanks the Committee for this important initiative.

The Advocates for Human Rights encourages the Committee to consider the experience of our women and girl clients, as well as the recommendation for a victim-centered approach to identify and respond to meet the needs of trafficked women and girls in the context of global migration.

Freedom

FeaturedFreedom

…it seems that the concept of freedom no longer has a consensus understanding among the American people.  What’s more, we have lost our ability to engage in debate, a cornerstone of a healthy democracy. 

Until recently, I had not visited Ellis Island or the Statue of Liberty.  Working with immigrants and asylum seekers has thus far defined my professional career, but my visit to Lady Liberty served as a reminder about our nation’s concept of freedom. The audio guide (love this modern invention) shared many new facts about Lady Liberty, reinforced ones commonly known and challenged visitors to define the statue’s significance to them.

At its inception in 1886, the Statue of Liberty was built as a sort of nod from the French to the United States which was, by then, a century-old democracy with a bright future, having recently withstood a civil war.

She was built filled with symbols: her torch as a sign of enlightenment; her sun ray crown sharing her light with the rest of the world; her tablet of laws symbolizing the importance of the rule of law; and at her feet, broken chains as a sign of freedom from slavery and political oppression.

A powerful part of the statue’s story is that the significance of her symbols has changed alongside U.S. history, a true sign of her aspirational nature.

In her early years, Lady Liberty was a symbol of hope, freedom and new beginnings, welcoming over 12 million new immigrants, accepting 98% of those who passed through Ellis Island from 1892-1954. During WWI and WWII, she welcomed troops back to the homeland, standing as a reminder of the freedoms they were fighting for while stationed in other parts of the world.  She now stands with the Manhattan skyline at her side, including the new World Trade Center, as a reminder of strength and resilience to rebuild in the name of freedom.

At the end of the tour, the audio guide challenged me (and everyone else who listened to it) to define what liberty means.

I was just about 10 when the Cold War ended, just over 20 when the Twin Towers fell and right around 30 when the Great Recession hit.  Each of these events has shaped my understanding of political, ideological and economic freedoms.  There was much debate among the American people about how much “liberty” could be sacrificed in order to protect “freedom” but little question about what “freedom” meant at the time.  At forty, it seems that the concept of freedom no longer has a consensus understanding among the American people.  What’s more, we have lost our ability to engage in debate, a cornerstone of a healthy democracy.

Immigration is one of the many issues where debate has become nearly impossible.  The last comprehensive reform to our immigration laws was over half a century ago.  The last meaningful attempt at reform was a decade ago. A week ago, without discussion or debate, our government temporarily closed the San Diego port of entry to asylum seekers and is attempting to close off the rest of the border permanently.

The 1980 Refugee Act amended the Immigration and Nationality Act to “revise the procedures for the [S. 643] admission of refugees, to amend the Migration and Refugee Assistance Act of 1962 to establish a more uniform basis for the provision of assistance to refugees, and for other purposes.” (Source: Public Law 96-212) Refugee law and humanitarian law recognize that refugees seeking safety cannot always follow an orderly immigration process when death is at their door. Thus, our laws allow for anyone in the U.S. to apply for asylum, regardless of how or where they entered.

Monday, December 10 is Human Rights Day and the 70th anniversary of the Universal Declaration of Human Rights which establishes the equal dignity and worth of every person. It confirms that the State has a core duty to promote standards of life that enable us to enjoy equality and freedom, achieve justice, and live in peace.

I cannot think of a simpler concept of freedom than to be able to go to school, run your business, raise your family or live in your home without fearing that you might be killed.  As we turn our backs on these families and children seeking this most basic freedom that the Statue of Liberty symbolized, I cannot help but fear that in the next decade “freedom” in America will may lose its meaning altogether.

By Sarah Brenes, Director Refugee & Immigrant Program at The Advocates for Human Rights

 

Using Theatre to Discuss Immigration with Children

FeaturedUsing Theatre to Discuss Immigration with Children

I Come from Arizona — a currently running Children’s Theatre Company production that is creating bridges for discussion.

When I was a child, I grew up on the East side of St. Paul. I lived in an old neighborhood that was home to people of diverse races, economic classes, sexual orientations, and religions. My own father was a refugee from Cambodia, and in 1995, he married a white woman and bought a house in that old neighborhood a year later. Our next-door neighbors were a large Mexican family, and when I was 9, the father was deported and my best friend at the time had to move away. I remember wondering if my father would ever be deported. I was told that it would never happen because he had become an official citizen. As a young child, this was a huge comfort.

That comfort of knowing that your parents are legally allowed in the United States is not something every child shares. I Come from Arizona is a play that seeks to have that conversation with younger audiences and their families/communities. It centers on the experience of a young girl named Gabi who learns that her family is undocumented from Mexico and her interactions with contrasting perspectives on immigration. It was premiered at the Children’s Theatre Company in Minneapolis October 9 and runs through November 25. Guest speakers from The Advocates for Human Rights have held post-play discussions to help audiences sift through the often challenging issues raised.
After the show, children from the audience have been invited to send their questions to Off-Book where CTC cast and crew and The Advocates can respond.

Here are some the questions and their answers:

Question: Why is the immigration debate always centered around Mexico and South America?

Madeline Lohman, Senior Researcher: “The immigration debate is centered around Mexico and Latin America for a few reasons. One is historical. Because of our land border with Mexico, it is true that the majority of undocumented immigrants in the past were from Mexico. This led opponents of undocumented immigration to equate it with Mexican immigration or even Mexican identity, when the vast majority of people of Mexican ancestry living in the United States are citizens or legal residents. Today, Mexicans may no longer be the majority of undocumented immigrants according to estimates from the Pew Research Center, which has some of the most reliable numbers on the topic. So, the focus on unauthorized immigration from Mexico is no longer accurate, but it still persists.

A second reason is racial prejudice. Immigrants from Mexico and Latin America are typically people of color and they share a common, non-English language. White, English-speaking citizens can see that they are different in a way that is more difficult with immigrants from Canada or most of Europe. Those white citizens may also have a family heritage from European countries that leads them to feel an affinity for immigrants from Europe that they do not feel for immigrants from Latin America. We can see the influence of racial prejudice in debates about refugee resettlement and granting asylum. When (white) Bosnians were fleeing during the collapse of the former Yugoslavia, there was far less push back than during today’s refugee crises in Syria, Central America, and Somalia.”

Question: Is it true that people have to walk through the desert to cross the border?

Michele Garnett McKenzie, Deputy Director: “Yes, it’s true. People often walk for many days through the desert to come to the United States.

People come to the United States for many reasons and in many different ways. Many people take airplanes, boats, or drive cars to visit or move to the United States. People who come to the United States need permission, called a “visa,” and need to be inspected and admitted by an officer at the border or airport. The government estimates that 76.9 million people came to the U.S. in 2017, mostly as visitors.

But the United States does not let everyone who wants or needs to come here into the country. People who want to visit, for example, have to prove they have enough money to travel and that they are going to return home when their trip is over in order to get a visa.

Sometimes people risk a dangerous journey to the United States so they can try to enter the country and get work to send money to their families. The United States only allows people to “immigrate” (move here permanently) if a close family member or employer in the United States files a “petition” with the government to let the person come here. But many people who want to come to the United States to build a better future for themselves and their families do not have someone to petition for them. For most, there is no way to legally immigrate. (The United States only allows people who can prove they will invest $1.0 million in a business to immigrate without a petition).

Some people have to leave their homes because they are not safe and come to the United States to seek asylum. People have to be in the United States or at a port-of-entry at the border or airport to ask for asylum — there’s no other process to follow. Asylum seekers from Central America and other countries sometimes make their way to the border on foot. More than 90,000 adults with children were apprehended by U.S. officials near the southern border in 2018.

Here is a good resource for learning more: Enrique’s Journey, a book by Sonia Nazario.”

Question: Why did Gabi’s mom have to lie to her [about their undocumented status]?

Michele Garnett McKenzie, Deputy Director: “Gabi’s mom was afraid that she would be deported if anyone found out she was in the United States without permission, which we sometimes call being “undocumented.”

People who don’t have permission from the U.S. government to be in the United States can be sent back to their home countries. This is called “deportation.”
Citizens cannot be deported from the United States. Today, everyone who is born in the United States is a U.S. citizen. People born outside the United States can become U.S. citizens through a legal process called “naturalization” where they take an oath of citizenship. U.S. citizens have permission to be here and cannot be deported.

But not everyone in the United States is a citizen. (The law calls anyone who is not a U.S. citizen an “alien”). Many people in the United States have permission to be in the country but are not citizens — they are permanent residents (we sometimes say they have a “green card”), visitors, students, or many other categories. People have to follow special rules and if they break the rules they can be deported. (For example, a person coming to visit the United States is not allowed to work here. If they work, they break the rules and can be deported).

Some people come into the United States without any permission or they stay in the United States after they were supposed to leave. They can be deported if the government finds out they are here without permission.

Here is a good resource for learning more: Documented, a film by Jose Antonio Vargas.”

Question: Do stories like this really happen?

Michele Garnett McKenzie, Deputy Director: “These stories really happen, and they may be happening to you or kids you know. This can be scary.

The government estimates there are about 11 million people in the United States who do not have permission to be here. About 6 million people under age 18 live with at least 1 undocumented family member.”

Question: Do ICE agents really take people away?

Michele Garnett McKenzie, Deputy Director: “ICE agents arrest, detain, and deport people from the United States every day.

Since 2008, more than 2 million people have been arrested by ICE and more than 1.2 million people have been ordered deported by immigration judges. ICE reports that 226,119 people were removed from the United States in 2017.

Here is a good resource to learn your rights and make a plan: IMMI: free and simple information for immigrants.”

If you would like to stay up to date with the questions and answers, Off-Book will continue to post updates here.

Or, if you would like to join the conversation and attend I Come From Arizona, resources and tickets can be found here.

By Alyxandra Sego, an intern with The Advocates for Human Rights.