Law center workshop focuses on immigrant issues on Owatonna

OWATONNA — Imagine this: An 18 year old who has lived in the U.S. as long as they can remember. They are a foster child who knows little about their parents. They do not know their own immigration status. They could be a legal resident or they could be a victim of child trafficking or they could simply be an illegal alien. What is to be done?

Such are the complexities of U.S. immigration law, a system in which many people who presume themselves to be citizens can find that they are not and occasionally a rightful U.S. citizen is deported before the error is discovered.

“Believe it or not, we have citizens that find themselves in deportation because they think they’re illegal and they’re legal,” said attorney John Keller, the executive director of the Immigrant Law Center of Minnesota. “Even the folks who appear in front of you may not know their status.”

It was situations like this that the agency grappled with during a “brief overview” of immigration law on Tuesday in Owatonna, sponsored by the city’s Human Rights Commission and the Paul Otteson Foundation. It lasted from 10 a.m. to 4.

According to the agency, there are two basic categories of legal statuses — citizens and everyone else who is a non-citizen. The term “non-citizen” covers a broad spectrum of people — “legal” or otherwise. The “legal” category includes those with proper documentation to enter the country as tourists, temporary workers, foreign exchange students, refugees or immigrants and green card holders who have Lawful Permanent Residence. The “non-citizen” classification also includes those in the U.S. without government authorization — illegal aliens, visa overstays, and unlawful entrants.

All non-citizens — even those with permanent green cards — can face deportation. Only full-fledged U.S. citizens are immune.

The term “non-citizens” is commonly applied to immigrants. The makeup of Minnesota’s immigrant population is distinct from the rest of the U.S. Nationally, Latinos represent 51 percent of the country’s immigrant population, while 27 percent hail from Asia, 15 from Europe, and 4 percent are from Africa. In Minnesota, however, Asian immigrants represent the highest percentage with 35 percent, followed by Latinos (26 percent), Africans (18 percent) and Europeans (17 percent).

In addition, a large number of immigrants in Minnesota are classified as refugees or asylum seekers. About 23 percent of Minnesota’s immigrants fit into this category, as compared to 17 percent nationwide.

The group also explained how one might legally immigrate to the U.S. It is a two part process and the length of time between the two steps may take anywhere from one to 25 years, depending on the situation.

A would-be immigrant must first establish a valid basis for coming here. The three most frequent means of establishing basis are family reunification, refugee status or asylum seekers, and those who wish to come to work. There are also a limited number of special visas for battered spouses and children of legal residents, crime victims, victims of human trafficking, and children.

Family reunification is by far the most common means of establishing basis for immigration — comprising two-thirds of the applications for legal immigration, said Kathy Klos, staff attorney with the agency. These must be filed on behalf of the would-be immigrant by an immediate relative who is already in the U.S. legally. No one country can take up more than 7 percent of the visas allotted to this purpose, which means that there is a massive backlog for many countries like China and Mexico. As of July, immigration services was just getting around to cases for Philipino applicants that were filed in 1989. These delays contribute to the influx of illegal immigrants, the group said.

“They aren’t opting into the system because it’s become so onerous,” Keller said.

A smaller portion — 16 percent — hope to enter the U.S. as refugees or asylum seekers. The smallest proportion of applicants are those who are invited by employers to come for work — just 13 percent fit into this group. To obtain such visas an employer must file on the immigrants behalf and show that they are not taking jobs away from U.S. citizens. Most of the small number of work visas go to the brightest and the best — Nobel prize winners, or brain surgeons. Low skill workers only make up 1 percent of all employer-based visas.

Once an applicant has established a basis for their application, they move to step two, meaning the government decides whether they are admissible or not. During this stage they must provide a complete medical history that shows they do not have contagious illnesses and that they have required vaccinations. They are also screened for mental health and criminal convictions. The applicant must also prove that they will not become a public charge once admitted to the U.S.

“They don’t qualify for public benefits because they had to have submitted an affidavit of support that proves they’re above federal poverty level,” said Cynthia Anderson, program director.

Obtaining legal status is only half the battle, however, they said. It is easier to get deported as a legal resident than one may assume. Even those with permanent residency can be deported if they run afoul of the law. The crime in question does not need to be violent, like the case of a young Vietnamese refugee was deported for writing bad checks.

It is also very difficult to defend someone in the process of deportation. Unlike criminal defendants, the U.S. is not required to provide those facing deportation with an attorney, though the grounds for deportation may be disputed. Only 50 percent of those who are not detained have counsel in such proceedings. Those who are held are even less likely to have access to a lawyer: 84 percent of those detained by ICE have no counsel.

“Most people are going to be deported,” Keller said, even if they leave children who are U.S. citizens behind.

The U.S. government bears the cost of deportation in most circumstances, as well as the cost of detention, which at the low end is $86 per day in the county jail. For this reason, a deportation can cost anywhere from a few hundred dollars to thousands. Countries of origin do not have to accept those deported by the U.S. government, in which case the deportee ends up back in jail in the U.S. until his country will allow entry.

It goes without saying that illegal immigrants are also deported, and in recent years the ICE has stepped up the pace. In 2009, 378,000 people were deported. In 2002, just 116,000 were deported.

That leads to an interesting conundrum with respect to immigration reform. Currently there are approximately 10.8 million undocumented workers. Though there is consensus on both sides of aisle that the system is too slow to be practical for many people there is no consensus about what should be done with those who circumvented it.

“There currently is no way for them to opt into some kind of process so we have a group of 10.8 million people who all need to be deported or we need to come to some kind of consensus to find out what kind of legalization we could do,” Keller concluded.

Clare Kennedy can be reached at 444-2376.

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Member Opinions: By: NogodsNomasters on 7/13/10 Here it comes... By: quinn on 7/13/10 NN, I believe you are right. By: happymomma on 7/13/10 If these adults are here in the US and they know that they are illegal, then too bad so sad goodbye. But on the other hand I feel for the children who think that they are here legally and come to find out when they are 25 that they are not and find themselves being deported back to a life that they don't even know or remember, it's a tough situation if you ask me. By: atlascollapsed on 7/14/10 I'm pretty sure I'm a resident of Bora Bora or Fiji. I'll turn myself in around January. By: ss_observing on 7/14/10 Then, if nothing else, prioritze (insert, duh!). There are those who are DEFINITELY here illigally - focus on those first. Then you can worry about the maybe's. If you're really good, maybe you could be multi-tasking (GASP!) and while you're actually deporting the true illegal's you could be working on the solution regarding the maybe's. By: secretsquirrel on 7/14/10 Well, it may help offset the passport price increases... I mean, just follow AC's advice and you can get a government paid vacation to almost anywhere in the world. Me? Only if you can deport a squirrel within the CONUS... Walnut Island, NC? By: gremln on 7/14/10 I say give all the true illigals a job (I.O.U.) working on a bigger and better border fence from the other side. By: B-STING on 7/14/10 "Most of the small number of work visas go to the brightest and the best — Nobel prize winners, or brain surgeons. Low skill workers only make up 1 percent of all employer-based visas." And yet when meat packing plants are raided there's not a brain surgeon among them. "Currently there are approximately 10.8 million undocumented workers" If they're undocumented how do we know there are 10.8 million of them? Things that make me go HMMMMM By: RealityCheck on 7/14/10 Farm workers offer jobs to unemployed From The Witchita Eagle, Kansas.com BY JULIANA BARBASSA Associated Press SAN FRANCISCO — In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs. Farm workers are tired of being blamed by politicians and anti-immigration activists for taking work that should go to Americans and dragging down the economy, said Arturo Rodriguez, the president of the United Farm Workers of America. So the group is encouraging the unemployed — and any Washington pundits or anti-immigration activists who want to join them — to apply for the thousands of agricultural jobs being posted with state agencies as harvest season begins. All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at www.takeourjobs.org, and experienced field hands will train them and connect them to farms. Proponents of tougher immigration laws have argued that farmers have become used to cheap labor and don't want to raise wages enough to draw in other workers. Farm workers are excluded from federal overtime provisions, and small farms don't even have to pay the minimum wage. Fifteen states don't require farm labor to be covered by worker's compensation laws. Any takers? "The reality is farm workers who are here today aren't taking any American jobs away. They work in often unbearable situations," Rodriguez said. "I don't think there will be many takers, but the offer is being made. Let's see what happens." Read more: http://www.kansas.com/2010/06/25/1376608/farm-workers-offer-jobs-to-unemployed.html#ixzz0tf7pl3er So how about we end those farm subsidies until farmers want to pay a livable wage? Livable wages are defined as somewhere between $11 and $15 dollars an hour depending on where you live and work and if you have health insurance as part of your work contract. Better yet, end the farm subsidies altogether? Where's the investigative report on that, Mr. Jackson? By: EAG on 7/14/10 Kudos RC. By: atlascollapsed on 7/14/10 Speaking of farm jobs. Do they still let 14 year olds detassel corn? I know a 14 y/o who really needs to experience the joy of some summer farm work. By: JonathanM on 7/14/10 Karl Marx couldn't have said it better himself Reality Check. By: EAG on 7/14/10 Karl Marx was FOR farm subsidies? By: slundber on 7/14/10 Karl was my favorite Marx brother. By: TheMole on 7/14/10 Th argument about immigrants (illegal and legal) taking our jobs may be true, but that doesn't concern me as much as how much they are taking from our system. Our politicians who want to be elected next year have changed the term from illegal to undocumented or non-citizen. Duh-if they are a "non-citizen they probably are here illegally. Undocumented is a kind way of saying illegal. But, we don't want to call them illegal because we don't want to call it what it is. Obama is waffling on enforcing our illegal immigration law, what other laws is he not enforcing? When he became president he swore that he would uphold the constitution and enforce our laws. Evidently he meant he would uphold the parts of the constitution he agreed with and enforce the laws he wants to. It is time for our "Elected" officials to obey and enforce our laws---all of them. Wait, if they did that they may have to go to trial. They are willing to not enforce our immigration law because they see that population as potential votes. It is sad when they are more concerned about getting re-elected than enforcing the laws of our land. Is it any wonder our kids don't think care about the law? Leader--set the example for all. By: secretsquirrel on 7/14/10 I always liked Harpo. Thought he would have made a good president. I have always laughed at the "Lazy Mexican migrant worker" remarks when I was younger and even more so today. I do not recall seeing one 'average' American willing to uproot their family in Minnesota to pick beans in Texas. The trailer houses they live in a a marvel of modern efficiency. Some even have indoor plumbing. I love Colbert, the guy's a hoot! Thanks for the story RC. Say "Hi" to karl for me will you. Oh yeah, can you tell him I am still waiting for that five rubles he borrowed from me when he went light in our last poker game? Thanks. By: EAG on 7/14/10 10.1 Billion dollar budget, Over 55,000 employees, watching almost 8000 miles of border with roughly 387,790 deportations in fiscal year 2009. Yet you have the balls (whatever the size) to say that no one is enforcing our immigration laws. Typical misrepresentation from the right. By: TheMole on 7/14/10 Eag-never said "no one is enforcing our immigration laws". I said our political servants are not enforcing our laws. If they were people like our President would be praising Arizona instead of ridiculing them. He ought to be giving teeth to the INS to find every last one and send them back. Instead he is thinking about making them citizens. What a guy!! By: NogodsNomasters on 7/14/10 "Instead he is thinking about making them citizens. What a guy!! " Just like the almighty Reagan. "never said "no one is enforcing our immigration laws"" - Wow. I think you might wanna re-read your post. By: oli on 7/14/10 Do you think we can send the Somolians back also?? Personally, I would rather have legalized mexicans here that like our beliefs and work hard then the Somilians who think we need to cater to them.... By: Mike on 7/14/10 But we're not racist!?! How dare you? By: ss_observing on 7/14/10 "10.1 Billion dollar budget, Over 55,000 employees, watching almost 8000 miles of border with roughly 387,790 deportations in fiscal year 2009. Yet you have the balls (whatever the size) to say that no one is enforcing our immigration laws." I'd say that's a pretty hefty salary for 55,000 federal employees who aren't very effective. There's a BIG difference between budgeting 10 Billion and actually getting your money's worth.... By: Skruttan on 7/14/10 TheMole, as you noticed they are calling all immigrants non citizens so don't start calling us all illegals now please. I am not a U.S Citizen by choice but perfectly legal in being here. By: Jesus_isKing on 7/14/10 Skruttan-that seems like an odd comment. "I am not a U.S. citizen by choice but perfectly legal in being here." Why ARE you here? You disapprove of being an American? No matter how someone sugar coat the word, legal or illegal, the meanaing is the same. Citizens have dozens of rules to follow why shouldn't they? I wonder-if they cannot follow these rules, they will not follow any other rules-and get away with what ever they like. And I am also disgusted with the photo most of us have seen of the upside down American flag under a Mexican one carried by some young kids. Do they REALLY think they will earn any respect or help? They act like that in Mexico? If illegals think America owes them, I disagree. WE owe the Native American Indians first, so they will have a long time to wait. Many Mexicans have contributed here locally, no doubt and I hope they are happy. And I hope they are 'documented and legal.' This is a sensitive topic and at the same time disheartening. By: guinny on 7/14/10 You might check out google to find out who Karl Marx was! By: RealityCheck on 7/14/10 AGAIN, You cannot stem the tide of people looking for work unless you stop hiring them. Period. The buck starts, and stops, with the employers. Crack down there, and you eliminate 75% of the problems. This is once again, BUSINESS's fault, not the government. No matter how much money the government or Halliburton or who ever spends on "protecting our border" the tide will continue if American employers keep hiring non citizens. By: TheMole on 7/14/10 Skruttan-if you are here legally I don't have a problem, if one is here "illegally" I have a problem--as I have said multiple times--I don't care if you are white, purple,green, yellow, brown or olive color, if you are are not legal to be here-no green card, visa, citizen papers one is illegal. I would welcome any person of any race as long as they are hear legally and, I think our govt. officials should see it the same way. They are sugar coating illegals by calling them undocumented or non-citizens. I hope this is clear... By: EAG on 7/15/10 Are you originally from Utah mole? By: modelmom13 on 7/15/10 We allow this and make it possible and easy for these people to maintain work illegally here. The Green Mill in Burnsville for example has had an illegal man working for them under 2 different names. So he clocks in for his morning shift under one name and under the other name for his evening shift. Apparently..there would be some sort of red tape if he were to be getting overtime and he worked for a significantly lower wage than the other employees. Hispanics are some of the hardest workers I have ever had the pleasure of working with. They don't suck off the government like our own kind do. Hopefully, we make it easier for them to come here and attain citizenship legally. America could use some of these hard workers to make up for 1/2 of our lazy population. By: quinn on 7/15/10 WWJD? By: EAG on 7/15/10 WWJB? By: quinn on 7/16/10 Seems to be a much more important question. By: TheMole on 7/16/10 nope-South Dakota and then Colorado. Been in Owatonna for almost 40 years.
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