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Inside Immigration

Plain-language guides to US immigration, asylum and USCIS procedure.

This Week in Immigration

Week of July 28–31, 2024

From the archive. A record of the week of July 28–31, 2024. Rules and figures quoted here reflect that week; several have changed since.

Education officials plan to probe impact of illegal immigration on Oklahoma public schools

Oklahoma’s State Department of Education will soon require school districts to report the number of undocumented immigrants they serve and calculate the financial impact on their schools, Superintendent Ryan Walters announced. Walters emphasized the need for an accurate account of how undocumented students affect schools and taxpayers but did not provide specific details on how this information would be used.

State Senator Mary Boren criticized the move, expressing concerns that it could unfairly target immigrants, likening the actions to those of a “fascist regime.” Similarly, Representative Annie Menz, a member of the Legislative Latino Caucus, questioned Walters’ approach, noting that Governor Kevin Stitt’s task force on work permits for undocumented immigrants has not yet finished its work.

Menz emphasized the importance of making fact-based decisions, especially since undocumented immigrants contributed $227.5 million in state and local taxes in 2022, according to a report by the Institute on Taxation and Economic Policy. The Migration Policy Institute estimates that 6,000 undocumented immigrants under 16 live in Oklahoma.

Walters, however, argues that undocumented immigration strains Oklahoma schools due to federal government inaction, promising that the state will intervene to ensure students receive the best education. This move comes amid broader Republican efforts to address illegal immigration, including a state law criminalizing unauthorized entry into Oklahoma, currently under judicial review.

Florida Should Welcome Immigrants

New research confirms that undocumented immigrants contribute significantly to the economy, despite being ineligible for most public services or benefits. Many pay taxes, particularly through sales and excise taxes on purchases. A report by the Institute on Taxation and Economic Policy (ITEP) highlights the state and local taxes paid by undocumented immigrants across the U.S. ITEP estimates that for every 1 million undocumented residents, public service revenue increases by $8.9 billion.

In 2022, Florida collected $1.8 billion in taxes from an estimated 747,000 undocumented immigrants, ranking it fourth nationwide. Six states, including Florida, account for 64% of the total state and local taxes paid by undocumented immigrants. Due to Florida's inequitable tax system, undocumented immigrants contribute an average of 7.9% of their income to taxes, compared to just 2.7% paid by the wealthiest 1%. This results in a disproportionate tax burden on immigrants who are unable to access the public services they help fund.

ITEP's report also finds that granting legal status to these 747,000 residents would have boosted Florida’s state and local tax revenue by an additional $154.3 million in 2022 alone. Welcoming immigrants and providing them with legal status would further enhance their contributions to the state's economy.

Think Immigration: Court Conundrum: Omaha Immigration Court Frequently Compromises Due Process Rights

The Omaha Immigration Court, located in an unremarkable building outside of downtown Omaha, has raised concerns about its practices. A report by the ACLU of Nebraska, titled "Courting Disaster: Rights at Risk in Omaha Immigration Court," highlights issues observed during 534 Master Calendar Hearings (MCHs). Judges Alexandra R. Larsen and Abby L. Meyer presided over hearings that lasted an average of 3.9 minutes—insufficient time to fulfill federal requirements such as advising respondents of their rights and hearing allegations.

The report found that in only 18% of cases, judges informed noncitizens of their rights, and even then, it was often done in a group setting, increasing the likelihood of confusion due to language barriers. While Spanish interpretation was provided in most hearings, interpreters for other languages were often unavailable, and hearings continued without rescheduling.

The presence of an attorney was a critical factor in court outcomes. Initially, only 30% of noncitizens had representation, though that number rose to 94% in subsequent hearings. However, barriers such as the cost of private attorneys and long waitlists for pro-bono services persist.

The ACLU-NE report recommends creating programs to guarantee representation for immigrants in Nebraska. Nationally, it advocates for moving immigration courts under an independent judiciary and enacting comprehensive immigration reform to provide clearer pathways to citizenship for undocumented immigrants.

Class action settlement releases multiple immigrants from ICE custody and establishes procedure for releasing dozens more

The ACLU of Virginia, Amica Center for Immigrant Rights, and the National Immigration Project reached a settlement in a class action lawsuit, resulting in the release of immigrants detained by ICE despite winning their immigration cases. ICE had unlawfully held these individuals for months in violation of its own policies, prompting the lawsuit. This settlement is the first of its kind in the Fourth Circuit since the Supreme Court's 2021 ruling in Garland v. Aleman Gonzalez, which limited the relief available to immigrants.

The government’s policy since 2004 has been to promptly release individuals granted asylum or protection under the U.N. Convention Against Torture, but ICE's Washington Field Office continued to detain people even after their cases were resolved. The lawsuit, Rodriguez Guerra v. Perry, revealed that ICE detained people while appealing decisions or seeking alternative countries for deportation, despite minimal chances of success.

The settlement now requires ICE to review the cases of all immigrants in Virginia who have been granted asylum, withholding of removal, or CAT relief, and to consider their release. This agreement will be implemented over two years and ensures that immigrants who win their cases are no longer unlawfully detained. According to ACLU attorney Sophia Gregg, the settlement is a victory for justice and accountability, reminding ICE that it remains bound by its own policies and the law.

UW-Madison sociology professor explains what research about immigration and crime shows

In political debates, discussions on immigration and crime often miss key research insights, says University of Wisconsin-Madison professor Michael T. Light. He notes that while immigrants do commit crimes, they generally commit fewer than native-born U.S. citizens.

Light's 2020 study, published in Proceedings of the National Academy of Sciences, used Texas Department of Public Safety data from 2012-2018 to compare crime rates among immigrants, including those without legal status, and native-born citizens. His findings align with over a century of criminological research, showing immigrants are less likely to commit crimes, including violent crimes.

A 2018 study co-authored by Light, published in Criminology, revealed that as the number of undocumented immigrants grew, violent crime decreased. This study, which analyzed data from all U.S. states between 1990 and 2014, was the first to explore the long-term relationship between undocumented immigration and violence.

Regarding specific policies, studies of the Secure Communities program (2008-2014) found it had no significant impact on crime rates, despite increasing deportations, mostly of traffic offenders.

Additionally, Light's 2017 research in the American Journal of Public Health found no link between illegal immigration and increases in drug or alcohol problems, countering popular claims. He also pointed out that border crossings plummeted in 2020, yet homicides surged by 30%, unrelated to immigration trends.

Study finds undocumented immigrants in Maine contributed $15.6 million in taxes

Undocumented immigrants in Maine contributed $15.6 million in state and local taxes in 2022, according to a study by the Institute on Taxation and Economic Policy. Nationwide, they paid nearly $100 billion in federal, state, and local taxes despite being ineligible for many of the benefits their taxes support. The study counters anti-immigrant claims that undocumented workers harm social programs.

Maine Immigrants’ Rights Coalition (MIRC) officials emphasized that immigrants are crucial to the state’s economy. Ruben Torres, MIRC’s policy manager, noted that they contribute significantly, paying property, sales, and income taxes. However, despite paying payroll taxes, undocumented workers are excluded from Medicare, Social Security, and Unemployment Insurance benefits.

The study suggests that granting work authorization to undocumented immigrants could boost tax contributions by $40.2 billion nationwide and by $19.8 million in Maine. Advocates, including MIRC, argue that speeding up the work permit process would strengthen the economy by allowing immigrants to secure better jobs and contribute more.

Barriers like language and lack of information also hinder immigrants’ economic integration, but Maine's planned Office of New Americans aims to address this. Immigrant rights groups continue to push for policies that promote immigrant inclusion, seeing it as essential for addressing labor shortages and fostering economic growth in the state.

French Immigrant Communities Belie Far-Right Caricatures

Earlier this month, President Emmanuel Macron called for a snap parliamentary election following the Renaissance bloc's defeat in European Parliament elections, raising questions about France’s democracy and Macron’s strategy. Marine Le Pen’s far-right National Rally (RN) gained 31% in the European elections but later retreated in parliamentary elections. The RN, leading the European Parliament’s third-largest group, has capitalized on anti-immigration rhetoric, particularly targeting Muslim and African immigrants. This strategy has intensified societal debates on immigration and national identity.

Anti-immigrant discourse in France has evolved over decades, from debates about nationality in the 1980s to asylum seekers in recent years. Immigration, especially from Africa, remains a significant political issue. A 2023 Ipsos study found immigration to be the second most important factor for voters, particularly for far-right supporters.

Despite efforts to portray immigrants as resistant to integration, studies show that many immigrants and their descendants have achieved social mobility. However, challenges remain, including racial discrimination in employment and racial profiling. A 2021 report revealed that people of Maghrebi descent were 31.5% less likely to be contacted by recruiters, while young Black or Arab men are disproportionately targeted by police.

France's polarized political landscape reflects broader struggles with immigration, belonging, and justice. While there have been improvements, issues of discrimination and integration continue to challenge national unity ahead of the 2027 presidential election.

Molinaro, Riley campaign on immigration, criticizing Biden and each other

With less than 100 days until Election Day, the race for New York’s 19th Congressional District has heated up, with Republican Rep. Marc Molinaro and Democratic challenger Josh Riley sparring over immigration.

Republicans have long attacked President Biden’s immigration policies, but now Democrats, including Riley, are also addressing border security. Riley criticized both Molinaro and Biden for what he called a "disaster" at the Southern Border, accusing Molinaro of rejecting a bipartisan Senate border proposal. This proposal, blocked by Republicans, failed to pass the Senate.

Molinaro, in turn, criticized the proposal for not going far enough, advocating for stronger border security measures. He and congressional Republicans recently introduced a bill to track undocumented immigrants convicted of felonies. Molinaro also accused Riley of working to undermine Trump’s border policies as a private attorney.

Riley defended his record, highlighting his work on a bipartisan immigration reform bill in 2013 and opposing Trump’s travel ban, which barred travel from majority-Muslim countries.

As the race tightens, both candidates are emphasizing immigration to energize their bases. Riley is outraising Molinaro by $1.7 million, but internal polling shows Molinaro leading by nine points. This race could be crucial in determining control of the U.S. House of Representatives.

US Should End Solitary Confinement of Immigrants

Earlier this month, detainees in California Immigration and Customs Enforcement (ICE) facilities began labor and hunger strikes to protest their conditions, particularly the use of solitary confinement. Research highlights the severe physical and psychological toll of solitary confinement in U.S. immigration detention centers.

In the U.S., over 122,000 people are held in solitary confinement for 22 or more hours daily. ICE has used solitary confinement over 14,000 times in the last five years, often for months. Human Rights Watch has condemned this practice, which violates international standards that prohibit prolonged or indefinite solitary confinement, as it amounts to torture or cruel treatment.

From 2018 to 2023, the average solitary confinement period in ICE facilities was 27 days, with some cases lasting over a year. The UN Special Rapporteur on Torture considers solitary confinement beyond 15 days a form of torture. The practice disproportionately affects people with psychosocial disabilities, and Black immigrants, particularly from African and Caribbean countries, are overrepresented in solitary cases.

Solitary confinement worsens mental health, often leading to anxiety, depression, psychosis, and suicide. Recent reports document preventable deaths, including suicides, linked to solitary confinement in ICE facilities. The U.N. Working Group on Arbitrary Detention calls for the gradual abolition of immigration detention.

The U.S. should end the use of solitary confinement in immigration detention and work towards phasing out detention altogether.

The Real Story of Kamala Harris’s Record on Immigration

Last week, after Joe Biden ended his reëlection bid, Republican lawmakers received a firm memo from the National Republican Congressional Committee (NRCC), the main campaign arm in the House. The memo emphasized urgency, stating that "Republicans have never had less time to define the presidential nominee of our opponents." It urged the entire Republican Conference to stay on message as Democrats quickly rallied behind Vice-President Kamala Harris's candidacy.

Some Republican members began using offensive, racially charged attacks, calling Harris a "D.E.I. hire." When asked about these comments, Representative Troy Nehls of Texas deflected, saying, "I’m not going to get into all the color stuff."

Another memo followed, focusing on familiar Republican criticisms of Biden and Harris, with the subject line: "Joe Biden & Kamala Harris’ Border Crisis." The GOP appears to be gearing up for an aggressive messaging campaign centered on defining Harris as she steps into the role of the Democratic frontrunner.

Oklahoma undocumented immigrants paid $227.5 million in taxes, report finds

In 2022, undocumented immigrants in Oklahoma contributed $227.5 million in state and local taxes, according to the Institute on Taxation and Economic Policy. The report highlights that around 89,000 undocumented immigrants paid taxes, including $122 million in sales and excise taxes, $49 million in property taxes, and $51 million in income taxes.

Gabriela Ramirez-Perez, an immigration policy analyst at the Oklahoma Policy Institute, emphasized that undocumented immigrants also contribute to Social Security and Medicare without benefiting from these programs. Additionally, they are ineligible for food stamps or tax credits like the Earned Income Tax Credit, although their U.S. citizen children may receive some benefits.

Ramirez-Perez stressed the importance of acknowledging the role of undocumented immigrants in Oklahoma, stating that they have been integral to the community by working essential jobs and paying taxes despite facing significant barriers.

The report also noted that undocumented immigrants in Oklahoma paid a higher effective tax rate of 8.9%, compared to the top percentile's 6.4%. Nationally, undocumented immigrants contributed $96.7 billion in federal, state, and local taxes in 2022.

The report is timely as Oklahoma and other states, like Texas, are tightening immigration laws. A recent Oklahoma law, currently challenged in court, aims to penalize undocumented immigrants entering the state without authorization, potentially subjecting them to fines, imprisonment, and expulsion.

Biden immigration order could help thousands of California children

A new executive order by the Biden administration provides a pathway to citizenship for undocumented immigrant spouses of U.S. citizens, benefiting tens of thousands of children in California. The program, announced in June, allows spouses who have lived in the U.S. for at least 10 years with no criminal record to apply for permanent residency without leaving the country. Previously, applicants had to return to their home countries and could be barred from returning for up to 10 years. Applications will be accepted starting in August.

The program could impact about 500,000 spouses and 50,000 stepchildren nationwide, with 120,000 spouses in California alone. Advocates highlight the potential benefits for children's financial security, mental and physical health, and educational outcomes, as families are less likely to be separated due to deportation. Research shows that children with undocumented parents are at higher risk of absenteeism, poor school performance, and mental health challenges.

While the program brings hope, some, like Modesto resident Mirna Cisneros, remain cautious. Cisneros, whose three children are U.S. citizens, fears deportation and looks forward to applying for residency to improve her family’s stability. However, concerns remain about the future of the policy, especially with the upcoming presidential election, as some Republicans have opposed the program, calling it a political move.

Springfield residents share concerns with House committee on 'illegal immigrant crime

A public hearing on "illegal immigrant crimes" was held in Missouri, organized by the House Special Interim Committee on Illegal Immigrant Crimes. The hearing aimed to allow individuals, organizations, and experts to testify about their experiences and suggestions related to illegal immigrant crime.

Among those who spoke were Speaker of the House Dean Plocher, Secretary of State Jay Ashcroft, gubernatorial candidate Sen. Bill Eigel, and local Springfield residents. Law enforcement officials were notably absent from the hearing.

Ashcroft focused on issues related to voting, particularly the risk of non-citizens or aspiring citizens accidentally registering to vote, potentially jeopardizing their citizenship. He also stressed the dangers immigrants face when coming to the U.S. illegally, and urged the committee to consider what is drawing immigrants to Missouri.

Eigel, whose campaign for governor emphasizes securing the border and deporting undocumented immigrants, mentioned recent crimes committed by undocumented immigrants. His comments drew criticism, particularly from Rep. Ashley Aune, who objected to the use of state-funded time for what she saw as a political speech. Aune pointed out that the forum was not intended for campaigning, and Chairman Rep. Lane Roberts agreed.

The event marked the first of six public hearings aimed at addressing illegal immigration in the state, with a focus on both the issues and potential solutions being debated by lawmakers.

NumbersUSA advocates for Colorado E-Verify mandate to reduce illegal immigration

An organization advocating for reduced immigration is pushing for the nationwide use of E-Verify, a software developed by the Department of Homeland Security, to verify workers’ legal status in the U.S. NumbersUSA’s Andrew Good claims this mandate is the most effective way to curb illegal immigration, describing E-Verify as a government success story. He believes states like Ohio may soon pass legislation making its use mandatory. Good argues that the I-9 form, currently used for employee verification, is ineffective due to weak enforcement. E-Verify cross-checks employees' data against federal records, which Good says makes it more reliable and economically beneficial.

However, critics argue the system can lead to discrimination and raise privacy concerns, and might misclassify employees. Colorado has required E-Verify for state agencies since 2006. Good suggests Colorado could adopt a ballot initiative for statewide E-Verify use, as Denver deals with a significant surge in immigration.

Good believes that immigration is a critical issue for voters in the 2024 election, with candidates offering starkly different policies. He expects Kamala Harris to continue Biden's immigration policies, while Donald Trump would likely reinstate more restrictive measures. Despite uncertainties about what will dominate voters' concerns, Good sees 2024 as a pivotal "immigration election.