MISUNDERSTOOD REALITIES OF U.S. IMMIGRATION LAW MYTHS AND MISPERCEPTIONS: Angela Remus, B.A. International Relations ’16 Thanks to Wally Ruehle and the Legal Aid Society of Rochester; Raul Ramirez, University of Rochester ’18; and all those individuals who shared their stories with me.

11.4 million undocumented immigrants in the US ~ Department of Homeland Security, Jan estimate

750,000 undocumented immigrants in NY, or 6.6% of the undocumented population ~ Pew Research Center, 2012 NY Times, Pew Research Center

“18% of Americans believe all undocumented immigrants should be expelled from the country.” ~ Pew Research Center

OUR GOAL (1) Identify the myths, (2) Transform the misperceptions with facts, and (3) Become advocates for the facts

UNDOCUMENTED IMMIGRANTS DON’T CARE THAT THEY’RE BREAKING THE LAW. THEY SHOULD JUST GET PAPERS. MYTH

“I wish I could get papers. I wish it were that easy… It would help me feel safe.” ~ Alex “People migrate to the US legally from overseas countries everyday. Why are Mexicans acting like their situation is different from every other countrymen on the planet? Or that their case should be treated differently?” ~ Christine, in an online forum

OBTAINING LEGAL RESIDENCY IS VERY DIFFICULT REALITY

THE LEGAL LANDSCAPE: FAMILY-BASED IMMIGRATION US Dept. of State, Bureau of Consular Affairs

THE LEGAL LANDSCAPE: EMPLOYMENT-BASED IMMIGRATION

111,704 Temporary Agricultural Workers Dept. of Labor, FY ,000 visas for unskilled labor / year Dept. of State 116,704 opportunities

THE LEGAL LANDSCAPE: EMPLOYMENT-BASED IMMIGRATION 116,704 opportunities 414,397 Customs and Border Protection apprehensions CBP, Fiscal Year 2013

THE LEGAL LANDSCAPE: DIVERSITY IMMIGRANT VISA PROGRAM “the lottery” “Up to 50,000 immigrant visas available annually, drawn from random selection among all entries to individuals who are from countries with low rates of immigration to the United States” ~ United States Citizenship and Immigration Services

IMMIGRANTS ARE AN ECONOMIC DRAIN AND TAKE JOBS MYTH

IMMIGRANTS CONTRIBUTE TO THE US ECONOMY AND FINANCIAL SYSTEMS REALITY

JOB STEALING? “Most economists agree that the wages of low-skill high-school dropouts are suppressed by somewhere between 3 percent and 8 percent because of competition from immigrants, both legal and illegal.” ~ Adam Davidson, NPR Q&A

LOW-SKILL JOBS “A 2012 analysis of census data by economist Jack Strauss, now of the University of Denver, found that cities with greater lesser-skilled immigration experience lower unemployment rates, lower poverty rates, and higher wages for lesser-educated Americans —they are not simply substitutes for one another.” American Immigration Lawyers Association

JOB STEALING? “Undocumented workers also create demand that leads to new jobs. They buy food and cars and cell phones, they get haircuts and go to restaurants. […] On average, there is close to no net impact on the unemployment rate.” ~ Adam Davidson, NPR Q&A

AGRICULTURE “A 2001 UCLA study found that the undocumented Mexican population alone, if excluded from the country, would result in a dramatic $220 billion drop in U.S. economic output.” ~ American Immigration Lawyers Association

AGRICULTURE Pew Research Center, % undocumented US Dept. of Agriculture, % undocumented

AGRICULTURE National Farm Work Ministry, % immigrant labor

AGRICULTURE “No [American] ever applies. And if they do, they don’t last more than a week.” ~ Dairy Farmer, Western NY “We used to do it with local help until we got smart. In 1997 or 1998 we started hiring Hispanic help. […] We hired Hispanic help and it fixed all our labor problems. If you want to sleep at night, you hire Hispanic help.”

AGRICULTURE UPSTREAM: Packaging, shipping, marketing, insurance FARM WORKERS: x 3.1 =

AGRICULTURE UPSTREAM: Packaging, shipping, marketing, insurance FARM WORKERS: x 3.1 =

AGRICULTURE UPSTREAM JOBS: Packaging, shipping, marketing, insurance FARM WORKERS: x 3.1 =

CONTRIBUTIONS TO U.S. GOVERNMENT 75% of undocumented immigrants pay payroll taxes (SSA est.) $10.6 billion state and federal taxes in 2010 (Institute on Taxation and Economic Policy) Social Security Administration Earnings Suspense File, 2010 $10.6 billion $3.53 billion SSA

UNDOCUMENTED IMMIGRANTS SHOULD JUST BE DEPORTED MYTH

UNIVERSAL DEPORTATION IS INFEASIBLE ECONOMICALLY AND LEGALLY REALITY

ECONOMIC INFEASIBILITY Percent (%) Pew Research Center

ECONOMIC INFEASIBILITY Pew Research Center

ECONOMIC INFEASIBILITY Deportation cost 2010: $23,480 / person 382,000 deportations in 2010 x  $8.9 billion

ECONOMIC INFEASIBILITY Total deportation cost 2010: $8.9 billion Center for American Progress Projected deportation cost, all eligible, 2010: $200 billion

ECONOMIC INFEASIBILITY American Immigration Council

LEGAL PROHIBITIONS CREDIBLE FEAR OF PERSECUTION “A ‘significant possibility’ that you can establish in a hearing before an Immigration Judge that you have been persecuted or have a well-founded fear of persecution on account of your race, religion, nationality, membership in a particular social group, or political opinion if returned to your country.” ~ United States Citizenship and Immigration Services

LEGAL PROHIBITIONS SPECIAL IMMIGRANT JUVENILE STATUS “The purpose of the SIJ program is to help foreign children in the United States who have been abused, abandoned, or neglected.” ~ United States Citizenship and Immigration Services

LEGAL PROHIBITIONS TRAFFICKING VICTIMS PREVENTION REAUTHORIZATION ACT (TVPRA) and the U visa “The [U visa] is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity” ~ United States Citizenship and Immigration Services

LEGAL PROHIBITIONS Pew Research Center TRAFFICKING VICTIMS PREVENTION REAUTHORIZATION ACT (TVPRA) and the U visa

LEGAL PROHIBITIONS TRAFFICKING VICTIMS PREVENTION REAUTHORIZATION ACT (TVPRA) and the T visa A provision for “those who are or have been victims of human trafficking ” and “protects victims of human trafficking and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking.” ~ United States Citizenship and Immigration Services

WE’VE COMPREHENSIVELY COVERED ALL IMMIGRATION MYTHS MYTH

WE’VE EXPLORED A FEW MYTHS AND A FEW FACTS TO REBUT THEM REALITY

IN CONCLUSION “Families want to live here [and] want to work here. […] We live in this country, we’ve established ourselves in this country, and we want to help this country.” ~ Juan