Immigration 101Pat Hatch

pathatchmora@gmail.com

(443) 604-5394

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Just a few of the hundreds of Biblical injunctions about “strangers” or

“foreigners”

“The Lord loves the stranger…You should love aliens, then, for you were once aliens yourselves (in Egypt.) Deuteronomy 10:19

“Don’t neglect to welcome strangers, for in so doing, some, without knowing it, have had angels as their guests.” Hebrews 13:2

“…For I was a stranger and you welcomed me…Whatever you have done for the humblest of these my brothers you have done for me.” Matthew 25:35, 43

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“Don’t lose sight of the fact that YOU who were born Gentiles were once known as the unclean uncircumcised. You were considered aliens, utter strangers to God’s chosen people, Israel, and outside of God’s covenants and promises, without God and without hope in the world.

“But now, through your union with Christ, YOU - WHO WERE

OUTSIDERS - have been brought inside the circle of God’s love in Christ Jesus. For Christ has broken down the hostile wall that divided Jew from Gentile.

“By His sacrifice He removed the barrier of the law, with all its

commandments and rules, that He might unite these two segments of humanity in Himself and reconcile both to God through His death on the cross, by which He made previous enmity utterly irrelevant.

“Through Him, we both – Jews and Gentiles alike – are able to approach the Father in the fellowship of the Spirit. Take note, then, that YOU are now no longer aliens but fellow-citizens with the saints and members of God’s household.” Ephesians 2: 11-19

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How many immigrants in US?

As of 2010, there were approximately 40 million immigrants in the US

That is 13% of the country’s total population, or 1 out of every 8 persons

Those figures do not include US-born children of immigrant parents, which would bring the percentage to at least 20% or 1 in 5

In Maryland, 14% of the population is foreign-born, about 1 in 7 persons; closer to1 in 4 if including US-born children of immigrant parents

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About 40% of unauthorized persons entered legally but overstayed visas; many others are thespouses or children of legal permanent residents, awaiting their immigrant visas

28%

7% 28%

33%4%

Legal Permanent Resident (LPR)Aliens11.1 million

Temporary Legal Residents~1.5 million

Unauthorized Migrants11.2 million*

Legal Status of ImmigrantsLegal Status of Immigrants

Naturalized Citizens(former LPRs)13.2 million

40.2 Million Foreign-Born in US 2010

Source: Pew Hispanic Center based on augmented2010 March CPS (Passel & Cohn 2011).

Refugee Arrivals(Persons admitted as refugees or asyleessince 1980, regardlessof current status)

2.9 million

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How ought we to form our opinions about and actions toward immigrants? Every person was created in the image of God There is no person for whom Christ did not die Scripture tells us repeatedly that God loves the

stranger - the foreigner - and expects us to do so Yet a recent Pew Research Center study found

that less than 7% of American adults say that their faith is the primary determinant of their opinion about immigration

http://www.pewforum.org/2010/09/17/few-say-religion-shapes-immigration-environment-views/ 6

Why do immigrants come to the US?

PUSH factor: Political unrest, religious persecutions, economic and educational disparities, and natural disasters have forced millions to leave their homelands

PULL factor: Others have been attracted here by the freedom and opportunities (education, career, etc.) or simply to reunite with family members who have lived here many years

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Why does immigration status matter?

Immigration issues affect every aspect of a non-citizen’s life

Unauthorized person may have no way to legalize status

Mixed status families

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What about those who have legal status?

Even a lawful permanent resident, until they become a U.S. citizen, is subject to: possible exclusion from

re-entry after travel outside the U.S.

possible deportation under certain circumstances

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Why does immigration status matter so much to naturalized citizens?

Family members in U.S. may be vulnerable to removal

May be in the process of sponsoring relatives from abroad

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Overview of categories

Non-immigrants Temporary Protected Status “Alphabet soup” of temporary

visas (time-limited) Visitors for business or pleasure Diplomats Employees of interntl firms Student Visas Temporary Work Visas NOTE: Temporary visa

overstayers become “undocumented”

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Main Categories of Immigrants

Refugees Persons granted asylum

Both refugees and asylees are legally present and may apply for “green card” after one year

Lawful Permanent Residents (“green card” holders)

Naturalized citizens Derivative citizens

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Undocumented Immigrants

An estimated 40% of the total # of undocumented persons entered legally on non-immigrant visas; became undocumented when they overstayed

Approximately 60% of the estimated 11.1 million unauthorized immigrants are believed to have entered without inspection*

*Undocumented Immigrants: Myths and Reality, The Urban Institute, 2005 13

How does an immigrant acquire legal status?

Sponsorship by a legal permanent resident immediate relative (NUCLEAR FAMILY ONLY)

Legal permanent residents can sponsor Spouse Minor children Unmarried sons and daughters

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How else does an immigrant obtain legal status?

Sponsorship by U.S. citizen immediate relative who can sponsor: Spouse Minor children Adult children, even if married Parents Siblings (wait of 14-30 years)

Note: approximately 54% of permanent resident visas each year are family visas, petitioned for either by US citizens or by legal permanent residents (green card holders)

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Other main ways immigrants acquire legal residence: Entry as a refugee (status

applied for and granted outside US)

Political asylum (status applied for inside US) Stringent requirements for approval; less

than 7% of immigrants each year have been granted refugee or asylee status

Sponsorship by an employer Approximately 33% of the permanent

resident visas granted each year are employer-sponsored

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Less common ways immigrants acquire legal residence:

State Department Diversity Visa Lottery (about 13% of permanent

resident visas each year) Foreign investors Special immigrant

juveniles Humanitarian parole Cancellation of removal 17

Common Immigration Documents

“Green card” (I-551) Employment Authorization

Document (“EAD”) I-94

Arrival/departure document for non-immigrants

Only identity document for many refugees and asylees

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What is a visa, anyway, and how does it differ from a green card?

Visa - permission to enter country under specific conditions Non-immigrant visas - specify limited purpose and

duration; does not lead to permanent residence or a green card nor to citizenship, no matter how long in country; strictly temporary

Immigrant visa - evidence of permanent residence until “green card” is received; person with green card has likely waited many years; is now on the pathway to citizenship

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So why don’t undocumented persons simply apply for citizenship – or at least a green card?

To apply for US citizenship, you must have been a legal permanent resident for at least 5 years (unless married to a US citizen, in which case it is 3 years) and meet other requirements

Individuals who are undocumented canNOT apply for permanent residence under current US immigration laws; there is virtually no pathway for them to legalize their status

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Common immigration problems:

Overstayed temporary visa and no way to adjust to legal permanent residence

Applied for status but USCIS backlogs and “name checks” delay adjustment for months or years

In legal status, but immigration documents have expired and new ones have not arrived

Entered without inspection and no way to legalize status

Unable to meet income requirements to sponsor immediate family members 21

Cautions Don’t send an immigrant to US CIS to find out

status. Send to a qualified immigration attorney or accredited representative instead.

Do not attempt to provide legal advice on immigration unless you are an attorney or trained (and regularly updated) in immigration law. Errors are often NOT reversible. (Consider World Relief 40 hour training!)

Inform immigrants about the importance of observing all laws. Consequences of even minor crimes can lead to deportation/removal.

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Additional cautions

An immigrant picked up by CIS has the right to speak with an attorney, and should refuse to sign documents without an attorney’s advice.

Immigrants who have not yet become citizens would be wise to consult with an immigration expert before travelling outside the U.S., and before applying for U.S. citizenship.

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A few of the many problems with the current “broken” system Waits for family-sponsored visas are 5 years or

more (up to 14 years) for spouses and children of legal permanent residents; families face choice between breakup of family or breaking immigration law

Many unauthorized persons have no way to legalize status under current law, yet are unlikely to leave because of deep roots here

U.S. employers demand for workers with specific skills far exceeds supply; and years-long wait for labor certification is ineffective for businesses 24

Comprehensive Immigration Reform Principles

Shorten wait time for nuclear families to reunite with U.S. citizen or legal permanent resident anchor relatives

Institute more timely avenues for employers to sponsor immigrants with skills in short supply

Reaffirm commitment to humanitarian admissions, i.e. refugees and asylees

Create a process to allow some unauthorized immigrants to earn adjustment to legal status; bring them out of the shadows

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Why does immigration reform always seem to stall? Those who want to discourage immigration and deport all

who are undocumented are much more vocal with their elected representatives than those who advocate immigration reform that is comprehensive, and fair, including a pathway to citizenship

Christians who educate themselves on the issues and contact their elected officials regularly can have a major effect on the passage of immigration legislation

I urge you to visit http://evangelicalimmigrationtable.com/ and listen to what key evangelical leaders are saying about the Christian’s role on this issue

Pray about this matter, and look at some of the resources listed at the end of this presentation 26

Drastic shortage of reliable, affordable immigration legal assistance

Recent study by Urban Institute found that the proportion of persons in need of such assistance to qualified providers is overwhelming (In MD, for instance, they estimate 275,000 undocumented persons, and at least that many legal permanent residents and just 10 reliable, affordable legal services providers)

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Shortage of reliable, affordable immigration service providers World Relief – the international evangelical

humanitarian organization - is calling on churches to consider filling the gap by becoming educated on immigration law World Relief offers a 40 hour training on immigration

law for churches Also offers various levels of ongoing support for the

establishment of immigration ministries Pick up information at the World Relief table http://worldrelief.org/immigrant-legal-services/legal-

support-network28

Why are immigrants so important for the church?

The traditional American church will become

increasingly irrelevant to a majority of the population if we do not recognize the importance of immigrants

The U.S. is projected to become a majority-minority nation for the first time in 2043. No group will make up a majority.

http://www.census.gov/newsroom/releases/archives/population/cb12-243.html

The vitality and sustainability of our churches - as well as the integrity of our faith - requires that we reach out and welcome people of all cultural backgrounds

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Implications of immigration for the church

Immigrant church growth is dramatically outpacing “mainstream” church growth We have much to learn from our immigrant

brothers and sisters who are believers Second and third generation immigrants often

look outside the ethnic congregations for a church home – Will they find a welcome?

There is much to gain for the kingdom by partnering across ethnic boundaries

http://vimeo.com/8547726230

Resources Books

Welcoming the Stranger: Justice, Compassion & Truth in the Immigration Debate by Matthew Soerens & Jenny Hwang (InterVarsity Press, 2009)

Christians at the Border: Immigration, the Church, and the Bible by Daniel Carroll (Baker, 2008)

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Other recommended books

Strangers Next Door: Immigration, Migration and Mission by J.D. Payne (Inter-Varsity Press, 2012)

Neighbor: Christian Encounters with “Illegal” Immigration by Ben Daniel (Westminster John Knox Press, 2010)

Generous Justice by Timothy Keller (Dutton, 2010)

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•Videos: Chasing Freedom; El Norte

• Web Resources• www.welcomingthestranger.com

• www.faithandmigration.org

•http://www.urbanentry.org/index.php/

videos/ue4-send-these

•www.migrationpolicy.org

•www.bernards-story.com

• UnDocumented.tv (http://UnDocumented.tv)

www.facebook.com/WelcomingtheStranger

Twitter: @MatthewSoerens

@JennyYangWR

Web and Other ResourcesWeb and Other Resources

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Questions?

For a great infographic on the possibilities of churches being more inclusive of immigrants:

http://vimeo.com/85477262 If you have questions or would like additional

resources, you can contact Pat Hatch at

pathatchmora@gmail.com

or

(443) 604-5394 Thank you for your time!

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