TALKING POINTS FOR CONVERSATIONS ON IMMIGRATION ISSUES
Updated 10/11/2023, Beryl Flom
This document is for educational purposes and features excerpts of the position as examples of how League members can engage on the topic. It represents the best understanding of volunteer members of the LWVC Immigration Interest Group, and is not meant as a legal analysis or as a resource to use to provide legal advice. Its purpose is to provide some resources and engender discussion of the issues referenced.
Introduction
This outline is designed to be used by local Leagues to guide them in holding a discussion on some of the issues affecting immigration. It is an education piece developed by volunteers, and not designed for advocacy. LWVUS decides on immigration advocacy at the national level and the LWVC decides on immigration advocacy at the state level. The LWVC Interest Group provides a forum for League members to, within the contours of the LWVC Interest Group Guidelines, explore advocacy and educational work related to immigration and make recommendations for action to the LWVC Advocacy Team. The LWVUS Immigration Discussion Group makes recommendations to the LWVUS for immigration advocacy at the national level.
At the local level, Leagues may engage in local advocacy activities like collaborating with local groups who support immigrants or working for local legislation that improves immigrants’ lives, supporting immigrants with civic education, registering people to vote at naturalization ceremonies, and helping people who are newly naturalized learn about U.S. elections and how to vote. These topics are too significant to cover in one meeting, so the Immigration Interest Group suggests that you choose a couple of the topics. The discussion can be led by someone in your League or community who is familiar with immigration, a community partner with expertise on the subject matter, or if you do it on zoom, someone from the LWVC Immigration Interest Group may be able to support. The LWVC Immigration Interest Group volunteer contact is Beryl Flom, berylflom@gmail.com
Executive Summary
Due to complicated and ever-changing rules and practices for asylum seekers, the LWVC Immigration Interest Group has put together an outline of discussion topics for California local Leagues. It refers to the LWVUS position on immigration and includes:
and as related to the services offered
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Legal system and immigration courts
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DACA and DREAMers
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ICE and detention centers
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Separating families and why it's done; Deported Veterans
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What states can do to assist immigrants living in the U.S.
Prior to the outline of possible discussion topics are some details on the subject matter that are not generally known. There is also a list of resources at the end. Obviously, there are technical and legal details that League members cannot fully capture, and continuous changes to policy which we will update in this document once they are operational.
The LWV Immigration Position in Brief:
Promote reunification of immediate families; meet the economic, business and employment needs of the United States; be responsive to those facing political persecution or humanitarian crises; and provide for student visas. Ensure fair treatment under the law for all persons. In transition to a reformed system, support provisions for unauthorized immigrants already in the country to earn legal status.
Discussion Item: The Border, Customs and Border Patrol, Asylum Seekers
BACKGROUND
DHS/The Department of Homeland Security includes ICE/Immigration & Customs Enforcement, BP/Border Patrol and CBP/Customs and Border Protection. BP/Border Patrol is responsible for control between ports of entry while CBP is responsible for control at ports of entry. A port of entry is a facility staffed by CBP agents that checks people's passports or credentials to allow them to enter the country. Both BP and CBP look for drugs and handle undocumented people crossing the border. Someone crossing the border illegally between ports of entry is now removed as of May 11, 2023 by BP. Someone who asks CBP to seek asylum at a port of entry is given a credible fear interview to determine whether they need legal protection. However, they have to apply for an appointment using CBP One. If they have no access to it, they wait their turn at the Port of Entry until they are called - maybe days.
Since the Fall of 2022, USCIS/US Citizenship and Immigration Services has devised a way for trained interviewers to do a Credible Fear Interview more quickly. The credible fear interview is supposed to be given within 45 days after entry, so the applicant has that long to find an attorney. If the asylum officer determines they have a credible fear and qualify to enter the U.S., they are free to go but must apply for asylum within a year. If they do not qualify for credible fear, they are ordered to be removed, but they can appeal in the courts. CBP is also using expedited asylum screening at the border whereby asylum seekers are undergoing their initial asylum screenings over the phone while still in custody of Border Patrol (there is a 72 hour limit for people to be in the Border Patrol facility). Expedited asylum screenings do not allow for the asylum seeker to gather evidence or find an attorney, in most cases. Needless to say, this reduces the acceptance rate. Some people are detained during the screening process until a court has decided they may seek asylum; many are even charged a bond. Detention can be in an ICE Detention Center, or by wearing an ankle bracelet, or by having a phone that can be tracked. Often men are detained and their family goes to their sponsor.
Another rule put in place with CBP One is called the Transit Ban. It blocks asylum in the U.S. for anyone who traveled through a third country on their way to the U.S. without applying for and being denied asylum there first. This is being tried in court; it was considered illegal under the Trump administration.
CBP One was initiated by President Biden in January, 2023. It is an app used by asylum seekers to apply for an interview with CBP, but they must apply from their home country or the first country they enter on their way to the U.S. It was designed for 30,000/month asylum seekers from Haiti, Cuba, Venezuela and Nicaragua who would enter the U.S. under humanitarian parole. Since these four countries will not take back people seeking asylum in the U.S., Mexico has agreed to take 30,000 unqualified people/month. Applicants must have a passport and a sponsor in the U.S. who will finance them and initiate the application process. The application is in several languages but the instructions are only in Spanish, Haitian Creole & English. Appointments are only in 8 ports of entry out of the 300 along the border. There are major kinks to work out such as: many more people are trying to apply than there are slots; the facial recognition of those with dark skin is unreliable; and people are having problems with their cell phones or the wifi connection. As expected, there is now a large backlog of applicants, so they were chosen by lot each day and there is a months-long wait between applying and getting an interview. If someone is in danger, they don't have that kind of time to wait. On May 11, 2023, Title 42 was terminated and CBP One was required of all asylum seekers until July 2023 when it was blocked by a judge. All unaccompanied children (0-18 years old) and people who have humanitarian parole are exempt from using CBP One and can enter the U.S.
Crossing Between Ports of Entry - People who try to enter the U.S. without going through this CBP One process or going between the Ports of Entry will be given expedited removal and cannot try to seek asylum for five years.
Since June, 2023, the U.S. has set up Offices of Safe Mobility in Guatemala, Costa Rica, and Columbia. The idea is that people wanting to immigrate to the U.S. could learn the rules and procedures before embarking on the trip. The plan is to open many more of these offices in the future.
Title 42 was instituted during the pandemic to prevent further spread of COVID, but it lasted beyond the end of the pandemic. People trying to seek asylum were immediately returned to their country of origin or to Mexico but could come later. Many tried to cross illegally one or more times. Some people were able to enter under humanitarian parole. Title 42 ended on 5/11/2023.
MPP/Remain in Mexico is a program started during the pandemic to have asylum seekers remain in Mexico during their court process. It is very difficult to get legal representation for U.S. courts while living in Mexico. People have been housed in crowded shelters for long periods of time. The U.S. government says it helps to pay for shelters, but the funds do not reach them much. Volunteers in Mexico and the U.S. are providing most of the basic needs and giving them correct information about seeking asylum in the U.S. MPP was ended by President Biden early in his term.
Humanitarian Parole is provided to people with serious health/mental health issues or who have a compelling emergency. It was used frequently during the time when Title 42 was in effect. It lasts 1-2 years and recipients can sometimes get a work permit sooner than asylum seekers do. Many people who were in MPP have been given humanitarian parole. Afghans and Ukrainians also have it; Congress is extending their stays. DACA recipients are here on humanitarian parole and have to renew their status every couple of years and pay a large fee.
RELEVANT LWV POSITION
“The League supports the following criteria for legal admission of persons into the United States: flight from persecution or response to humanitarian crises in home countries; economic, business and employment needs in the United States; education and training needs of the United States.”
TALKING POINTS
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The division of ICE into three departments related to people entering the U.S.
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Entering through a Port of Entry
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Crossing the border between Ports of Entry
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An asylum seeker can seek asylum based on a well-founded fear of persecution
because of their race, nationality, religion, political opinion or member of a particular
social group
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Processing of Asylum Seekers and sending them to their Sponsors
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Title 42
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Humanitarian parole (includes DACA, Afghans and Ukrainians)
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Remain in Mexico/MPP
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CBP One
Discussion Item: Refugees
BACKGROUND
Refugees often come from refugee camps in other countries and are processed through the United Nations. The U.S. sets an annual quota for the number of refugees but has not met this goal in several years. Once they arrive in the U.S., there are designated agencies funded by the ORR/Office of Refugee Resettlement who help them with housing, education, and job placement. Refugees receive minimum funding from the U.S. government for about 4-6 months so they have time to get on their feet. Refugees admitted through the resettlement program can work when they arrive.
Asylum seekers go through the approval process in the U.S. through CBP and the immigration court system and have to document and prove their case. Many are deported by the judge. While they wait for a court date, they may be put in detention or given an ankle bracelet or cell phone so they are tracked and follow the rules.
In 2023, Welcome Corps was started which allows private groups (minimum of 5 adults) to sponsor a refugee or family. Universities are starting to do it. There is an extensive application process. The sponsors must aid the refugee in finding housing, a job, education, and basic needs. They have back-up resources to assist them. It has become very popular.
RELEVANT LWV POSITION
“The League supports the following criteria for legal admission of persons into the United States: flight from persecution or response to humanitarian crises in home countries; economic, business and employment needs in the United States; education and training needs of the United States.”
TALKING POINTS
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Difference between refugees and asylum seekers
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Process for refugees to enter the U.S.
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Limit on the number of refugees admitted each year is set by the President
Discussion Item: Legal System and Immigration Courts
BACKGROUND
Asylum seekers who have passed their credible fear interview are given a court date, but due to the backlog, it could be years in the future. Immigration judges are often prosecutors before being appointed by the Dept. of Justice (a department responsible to the President). People sometimes don't know they should appear in court because the notice was sent in English and they don't understand it, the notice is sent to a previous address, or the notice is not sent. When they are located, they can be deported for not showing up in court. Sometimes, the court and the place where someone is living are not near each other. When people can't find an immigration attorney to represent them, their chances of being successful in seeking asylum are way lower than those who have attorneys. It takes quite a while to gather their evidence because they either didn't bring it, it was lost, or it was taken (often by smugglers or Border Patrol agents). There is a significant variation in decisions made by immigration judges in different courts or regions. The laws are always changing.
Those on humanitarian parole do not really have a path to Legal Permanent Residency/LPR or citizenship unless Congress grants it to them (this includes DACA recipients, Afghans, Ukrainians, Haitians, Venezuelans, Nicaraguans, and Cubans), but they can renew their status periodically, if Congress has allowed it, with a fee based on the length of their parole. People on humanitarian parole can work. Asylum seekers can't work until they submit their asylum application and get a court date. After a year following the court decision to stay in the U.S., they can apply for their green card and five years after they were granted asylum, they can apply for citizenship. They also are eligible for various benefits including Temporary Assistance for Needy Families/TANF, Medi-Cal and CalFresh/food stamps. People who enter with legal permanent resident (LPR) status (i.e., visas for those sponsored by family members who are U.S. citizens or LPRs, employment-based visas, or diversity visas) can work upon arrival; they are eligible for citizenship three or five years after entry (those married to US citizens may apply after 3 years).
RELEVANT LWV POSITION
The League supports due process for all persons, including the right to a fair hearing, right to counsel, right of appeal, and right to humane treatment.
TALKING POINTS
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Immigration court is under the Department of Justice; implications of judges appointed by DOJ
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Shortage of judges and staff (and funding)
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Problem with notification to appear in court; people miss court dates
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Several court dates for most people before a decision is made to be granted asylum
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Effect of lack of defense attorney on the decision
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Variation in number of cases of people ordered removed between various judges or
regions
Discussion Item: DACA and DREAMers
BACKGROUND
Someone who is a DACA/Deferred Action for Childhood Arrivals recipient arrived as a child into the U.S. with their parent(s) at age 15 or under; has continuously resided in the U.S. since 6/15/2007; and was under 31 years of age as of June 15, 2012. Unless they break the law, they cannot be deported. DACA recipients cannot travel outside the U.S. They have to register with the U.S. government and re-register every two years; a large fee accompanies the registration. They can work and they pay taxes and Social Security, but they don't get any benefits from that such as retirement.
A DREAMer/Development, Relief and Education for Alien Minors is someone who arrived into the U.S. as a minor but does not fit the definition of DACA. They are treated like undocumented immigrants.
USCIS/US Citizenship and Immigration Services is largely funded from fees they collect for passports, DACA, visas, and other services they perform. This limited income restricts their ability to add staff to do their work more quickly.
RELEVANT LWV POSITION
The League supports the following criteria for legal admission of persons into the United States: Economic, business and employment needs in the United States, Education and training needs of the United States...The League supports a system for individuals living in the country without legal permission to earn legal status, including citizenship, by paying taxes, studying civics, and meeting other relevant criteria. The League does not support deporting these immigrants who have no history of major and/or violent criminal activity.
TALKING POINTS
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Definition of a DACA recipient
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Definition of a DREAMer
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What benefits and restrictions do they have?
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Renewal of their status and the cost
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Political football
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Funding of USCIS from fees
Discussion Topic: ICE and Detention Centers
BACKGROUND
ICE was developed as part of the DHS when it was formed after 9/11. Law enforcement agencies can now share data as described in the Patriot Act. ICE and BP are looking for people who have overstayed their visa, crossed the border between ports of entry, or committed any kind of crime or misdemeanor including drugs. Someone who is caught is usually sent to detention before "removal proceedings" (being deported).
ICE often outsources the administration of Detention Centers to private for-profit companies which results in shortcuts, particularly in health care. A few people held in these detention centers have sued for better conditions, especially during COVID.
RELEVANT LWV POSITION
The League supports improved technology to facilitate employer verification of employee status; verification documents such as status cards and work permits with secure identifiers; improved technology for sharing information among federal agencies; more effective tracking of individuals who enter the United States; and increased personnel at borders.
TALKING POINTS
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Developed after 9/11
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Work along all borders and inland 100 miles from the border
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Largest police force in the U.S.
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Looking for people who have committed a crime including drugs or are in the U.S. illegally
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Detention Centers are like prisons
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Inhumane treatment by both CBP and ICE agents
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Many courts are held inside detention centers
Discussion Topic : Separating Families
Background
Because CBP is not sure of the relationship between an adult bringing a child across the border, they ask for proof. If there is no proof, they tend to separate the adult from the child until they do a thorough check. Men are also separated from women and children temporarily and then they have to find each other. They are not told of this ahead of time, so sometimes they both don't have papers, money or cell phones. Asylum seekers with American born children may also be separated from their kids. When ICE arrests someone and puts them in removal proceedings, that person is often separated from their family and put into detention. The head of household has to wear an ankle bracelet as of 5/11/2023. Sometimes, the adult does not know where the child is and CBP doesn't do a good job of keeping that data. Separating families has continued through the years. Children are the responsibility of the Department of Health and Human Services/HHS and are put in shelters for them. Because the CBP One process is difficult for families to get the same interview times, parents are sending their children across because all children do not have to use CBP One and are allowed into the U.S. as unaccompanied minors.
Veterans who have served in the U.S. military and enlisted with just a green card or permanent resident status, return home and commit some infraction, are often deported for life; they can return in a casket for burial. Many have PTSD and have tried to self medicate (with alcohol or drugs) and then get into trouble. Many have served a sentence in their state and then are turned over to ICE. There are efforts now to provide more services to these veterans. The VA has developed a portal where deported veterans can reapply to return to the U.S. but they often return to the U.S. on humanitarian parole.
RELEVANT LWV POSITION
The League of Women Voters believes that immigration policies should promote reunification of immediate families. The League supports family reunification of spouses or minor children.
TALKING POINTS
parents)
they remove those who are undocumented
What States Can Do to Help Migrants - CA Is an Example:
groups of people to Medi-Cal coverage including undocumented residents. By January 2024, most adults will be covered.
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Provide food stamps for migrants/all people who qualify. See California policy
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Allow immigrants to get a state ID or drivers license
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Allow immigrants to qualify for in-state tuition. See California policy.
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Include immigrants in tenant rights. See California policy.
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Limit law enforcement work with ICE. See California policy
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Granting some professional licenses to those who qualify regardless of immigration
status. See California policy
Resources:
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Migration Policy Institute/MPI (migrationpolicy.org) - Research & data on international & national
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Bipartisan Policy Center/BPI (bipartisan.org) - Think tank on immigration and other topics
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National Immigration Forum (immigrationforum.org) - Non-partisan group for reform
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Documented (documentedny.org) - news from NY and other parts of the U.S. on immigration
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Southern Border Communities Coalition/SBCC (southernborder.org) - advocating for border demilitarization
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Detention Watch Network (detentionwatchnetwork.org) - Coalition to abolish immigration detention in the U.S.
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American Civil Rights Union/ACLU (acluca.org) - several offices
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International Rescue Committee/IRC (rescue.org) - several offices
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California Immigrant Policy Center/CIPC (caimmigrant.org) - Statewide immigrant rights organization with offices in Los Angeles, Oakland, Sacramento and San Diego
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Immigrant Defenders Law Center (immdef.org) - Legal aid program in Los Angeles
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Coalition for Humane Immigrant Rights of Los Angeles/CHIRLA (chirla.org)
Government Offices
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U.S. Citizens Information Network (uscis.gov)
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U.S. Customs and Border Protection (cbp.gov)
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Office of Refugee Resettlement (acf.hhs.gov/orr)
Other LWV Immigration Groups
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LWVC Immigration Interest Group, contact Beryl Flom, Chair, berylflom@gmail.com; Jane Andrews or Katherine Gavzy katherineg@lwv-pa.org
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LWV US Immigration Discussion Group, contact Jane Andrews, jmlandrews@gmail.com
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LWV San Diego Immigration & Deportation Committee, contact Beryl Flom, berylf@lwvsandiego.org