LTS 360/ART 350 Special Topics: Interdisciplinary Design Course: Immigration Design

Group logo of LTS 360/ART 350 Special Topics: Interdisciplinary Design Course: Immigration Design

Case Study Assignment

Viewing 15 posts - 1 through 15 (of 22 total)
  • Author
    Posts
  • #108021

    Case Study Assignment:

    Pick one of the following immigration legal categories or programs and complete the following questions thoroughly. The thoroughness of your answers will enable more focused and productive work later on in the semester.

    Each of these should be defined in the US context, eg, for asylum, which is established under international law and agreements, what is the US asylum policy?

    • DACA- Leslie
    • DAPA- Leslie
    • Asylum- Soren
    • Section 245i adjustment of status
    • Family reunification and marriage- Juliana
    • Family Separation- Misael
    • Green card lottery– AJ
    • H-1B visas
    • H-2A visas- Josmairy
    • H-2B visas
    • Refugees- Kevin
    • IRCA- Ashley?
    • IIRIA
    • Immigrant detention- Rosalina
    • Deportation- Emely
    • Comprehensive immigration reform

     

    1. Why/How/When was this program or category created in the US? Is it an active program/category or is it expired/never activated?
    2. What is it? What was the intent of this program or category? Did it replace an earlier program or category? Did it seek to solve a specific problem or issue? Who created it (e.g. a particular president, congress, international organization like the UN)
    3. Who does this program or category include? Who does it serve? Do you know anyone who was served by this program/category?
    4. Who does this program or category exclude? Who does it harm? Do you know anyone who was harmed by this program/category?
    5. What major debates or controversies have surrounded this program or category?
      Should this program/category remain active or become activated in the future? Why or why not?
    6. What resources did you use to answer these questions? How difficult or easy was it to answer these questions? How did you ensure that your information sources were reliable?
    7. What is your gut-level response to this program/category? Is/was it fair/unfair, just/unjust, needed/unnecessary? How would you change it?

    Answering these questions should take about 1-2 pages in total, single spaced. Please include links (how to insert links) and/or citations to the resources you relied on for this assignment. Please reply to this prompt to post your assignment. Please copy/paste your text into the box rather than attaching a separate document. This will be an important resource for research for our final projects.

    Due: Feb 18, 2021 at 2 pm

    #108295

    LTS 360
    Professor Galvez/ Professor Silva
    Kevin Feliciano
    Kevinfeliciano29@yahoo.com

    Case Study Assignment: Refugees

    1.) Why/How/When was this program or category created in the US? Is it an active program/category or is it expired/never activated?
    The refugee program was created in the year 1948, after U.S. Congress approved the entrance of over 200,000 people. The program was initially created to help Europeans who find themselves as they called ‘’displaced’’, without a safe home for them and their families to live.

    2.) What is it? What was the intent of this program or category? Did it seek to solve a specific problem or issue? Who created it (e.g. a particular president, congress, international organization like the UN)
    This program started because the U.S.’s Congress wanted to provide assistance to people who lived in countries like Vietnam and the Soviet Union after war took place on their homeland letting them homeless or in danger because of their government. This “act” (The Refugee Act of 1980) provided the refugees with federal assistance to resettle them safely in the U.S. and give them a fresh start to continue with their lives. This is also categorized as an ‘’emergency admission” do to the conflict and/or risk situation they find themselves in their respective country.

    3.) Who does this program or category include? Who does it serve? Do you know anyone who was served by this program/category?
    The refugee program’s will admit anyone that is being persecuted because of their race, political views, religion beliefs and others.
    If a refugee is already inside U.S. soil, the person would be categorized under “Section 208 of the INA”, if the refugee find itself outside of the U.S., will fall under “Section 207 of the INA. The INA is the Immigration and Nationality Act (INA), which is like the top branch of the refugee program, or the initial program, (Refugee Act 1980).

    4.) Who does this program or category exclude? Who does it harm? Do you know anyone who was served by this program/category?
    The refugee program’s exclusions clauses indicates that they will not be admitted to the U.S. if the person had committed crimes against humanity, such as a war crime, or if that person has committed a crime against “peace”. If that person has committed a crime in the country that that person is trying to seek asylum, admission will be denied.
    This would harm the individual seeking asylum, while at the same time protecting the people from that country by not receiving a high-risk individual.
    I have not known anyone who has been excluded from the refugee program.

    5.) What major debates or controversies have surrounded this program or category?
    One of the biggest refugees’ controversies started in 2011, after more than 4 million Syrians had to leave their homes because their government started to oppress them which unfortunately led to civil war where it was impossible to live and even more raise children, give them education, food, safety and others. This war has been going on for more than 10 years, Syrians refugees’ lives might be saved when other countries give them asylum, but there is so much more that these people need to have a decent life.
    It is 2021, and we are still helping Syrians community with the Covid-19 pandemic as well. New buildings with hygiene facilities were built, provisions, medical equipment has been provided for Syrians refugees who are relocated in other countries outside the U.S.
    One of the controversies that come along receiving refugees from Syria was the possibility of other enemies gaining access to our country through this means. Others were commenting on why we are helping people from another country where veterans and homeless people are being left to die in U.S. streets.
    I believe there always will be people complaining about all the decisions being made, there are always many perspectives to see things, and we just need to hope to be better.

    6.) What resources did you use to answer these questions? How difficult or easy was it to answer these questions?
    I use the sites written below, and it was not that hard to find topics on refugees on the web. But I have always find the refugees topic very interesting.
    https://www.unhcr.org/en-us/excom/standcom/3ae68cf68/note-exclusion-clauses.html#:~:text=Exclusion%20from%20refugee%20status%20will,relevant%20municipal%20and%20international%20laws.

    https://www.state.gov/refugee-admissions/about/

    https://www.unrefugees.org/news/syria-refugee-crisis-explained/#:~:text=After%20a%20decade%20of%20conflict,remain%20displaced%20inside%20the%20country.

     

    7.) What is your gut-level response to this program/category? Is/was it fair/unfair. Just/unjust, needed/unnecessary? How would you change it?
    I believe the refugee program is fair to those who seek it. It is a very humanitarian effort to provide a home to others who are running for their lives in their own country just because of some particularity. I believe that we as a country, must help others in need that unfortunately live in a country where their lives don’t have that high of a value to their respective government.
    How would I fix it? If you take. Let’s say, a battle/war approach, all the countries that are providing asylum for these refugees should train them and unite, form a big ARMY and go to their country and take it back. Now, one of the negative things about this is that people might die in the process, some people don’t like that so let me go with a secondary approach. My second idea to fix this refugee problem would be to accept every and each one of them, we can construct some new cities in places where is open and nobody lives there, provide them education, gardening skills to provide for their own food.

     

     

     

     

    Attachments:
    You must be logged in to view attached files.
    #108299

    Wow! Thanks, Kevin. You say the refugee program is safe to those who seek it but is anyone who experiences war, etc. able to pursue refugee status? Would you say it’s been fair to all nationalities? For example, many thousands, maybe millions, of people fled Guatemala and El Salvador during those countries’ civil war periods (some call them genocides)– were people fleeing those countries able to utilize the refugee program to seek protection in the US?

    #108532

                     

                                                                     Immigrant detention

    1.Why/How/When was this program or category created in the US? Is it an active program/category or is it expired/never activated?                                                   

    This Immigrant Detention program began in the 1890s on Ellis Island. But  The program was created in the 1980s when Ronald Reagan started to take action against the mass migration of asylum seekers arriving by boat from Haiti by establishing a program to intercept undocumented immigrants on the vessel.

    2.What is it? What was the intent of this program or category? Did it replace an earlier program or category? Did it seek to solve a specific problem or issue? Who created it (e.g. a particular president, congress, international organization like the UN)

    The Immigration Detention program is the unjust and inhumane practice of incarcerating immigrants while awaiting their immigration status or possible deportation. This program’s purpose was that during the “height of the War on Drugs,” Congress enacted an Immigration Law. In this way, the mandatory detention of immigrants who had a criminal conviction. This means that the detainees did not have mandatory and immediate detention “without hearing or considering their circumstances.”Although this program began with Ronald Reagan in 1980, the one who officially authorized the mandatory detention was President Bill Clinton in 1996.

    3.Who does this program or category include? Who does it serve? Do you know anyone who was served by this program/category?

     “The 1996 laws also rendered any non-U.S. citizen, including legal permanent residents, vulnerable to detention and deportation”(Immigration Detention 101). This program includes anyone who is considered to be a threat. “The 1996 laws categorized a wide range of crimes as” aggravated felonies “and broadened the scope of “crimes involving moral turpitude. “Both classifications lead to mandatory detention” (Mandatory Detention). 

    4. Who does this program or category exclude? Who does it harm? Do you know anyone who was harmed by this program/category?

    It mainly affects non-legal immigrants but can also affect legal residents as well. “Anyone who cannot prove their US citizenship, valid legal permanent residence, or possession of a valid visa may end up in immigration detention if they are found “inadmissible”( comision Interamericana de Derechos Humanos). 

    5. What major debates or controversies have surrounded this program or category?  Should this program/category remain active or become activated in the future? Why or why not?

    The most considerable controversy about this program is that immigrant detention centers do not provide them with the necessary care and are not suitable for any human being. “Some reports have emerged of children sleeping on concrete floors; others of adults having to stand for days due to lack of space. A May report from the Department of Homeland Security’s inspector general found 900 people crammed into a space designed to accommodate 125 at most”(Joung). This program for immigrants’ detention should not remain active because, in these centers, every immigrant’s human rights are violated. Immigrants are also affected physically and psychologically.

    6. What resources did you use to answer these questions? How difficult or easy was it to answer these questions? How did you ensure that your information sources were reliable?

              The websites I used were the following, and it was not difficult to find information on immigrant detention.

    https://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965 

    https://www.detentionwatchnetwork.org/issues/detention-101#:~:text=History%20of%20Immigration%20Detention%20in%20the%20United%20States&text=Immigration%20policy%20began%20to%20emulate,immigrants%20with%20certain%20criminal%20convictions

    https://www.detentionwatchnetwork.org/issues/mandatory-detention 

    https://time.com/5623148/migrant-detention-centers-conditions/ 

    http://cidh.org/countryrep/USImmigration.esp/Cap.IV.a.htm 

    7.  What is your gut-level response to this program/category? Is/was it fair/unfair, just/unjust, needed/unnecessary? How would you change it?

    I think it is a very unfair program for every person who has had to go through immigration detention. The conditions in which people have to experience during an arrest are inhumane, unjust, and unnecessary. During detention, immigrants’ human rights are violated; when arriving at the immigration detention centers, they do not have the essential resources, such as beds, the warehouses where they are taken do not have the necessary spaces, etc. I also believe that they separate millions of families and unjustly arrest many immigrants for just trying to have a better life. The United States has to find a fairer way to deal with immigration; immigration detention is not the appropriate way to do so. How would you change it? My first idea is closing this program, closing immigration detention centers, and converting them into centers for immigrants to seek the help they need, respecting their rights, not separating families. My second idea would be to transform these centers into centers for psychological and physical health help for immigrants who need them. Also, centers, where they can have a good education, can feel welcomed, and see it as a home. And above all that there is a law where immigrant families cannot be separated or unjustly detained

     

    #108592

    With the influx of illegal immigrants coming into the United States, Congress decided to add onto the previous Immigration and Naturalization Act of 1952 by creating the Immigration Reform and Control Act (IRCA). IRCA was then signed into law sometime in November 1986 by then President Ronald Reagan. The act is still active to this day.
    IRCA adds and amends certain aspects of the Immigration and Naturalization Act of 1952. The program has many provisions such as a legalization program, employer requirements and possible sanctions, anti-discrimination provision, agricultural provision, and also a program that is used to determine a person’s migration status and eligibility (Opening and Closing Doors: Evaluating Immigration Reform and Control, Frank D. Bean, Georges Vernez, and Charles B. Keely). Through the legalization program there are two eligible groups: illegal immigrants residing in the United States before January 2nd 1982 and those who were employed in agricultural work for a minimum of 90 days prior to May 1986. It was meant to lower the number of illegal immigrants entering the country. One way was through employer requirements and potential sanctions. Boston University sums it up as “[prohibiting] employers from knowingly hiring, recruiting, or referring a fee to any alien who is unauthorized to work”. This part of the act didn’t just target employees but the employee as well who could potentially either pay a maximum fine of $10,000 per illegal immigrant hired and/or serve a sentence of a maximum five years.
    This program is meant to save jobs for legal U.S. citizens and serves under Immigration and Naturalization Service (INS). I currently do not know anyone who serves under this act.
    It largely affects employers who aid illegal immigrants in coming into the country. In ways such as granting shelter, hiring, and or assisting an illegal alien could mean severe penalties.
    There is an ongoing debate on whether IRCA actually does what it was created for. Which is to lower the number of illegal immigrants entering the United States. If anything it encouraged illegal immigration with entincing programs such as the agricultural provision and the legalization program. Over 1 million illegal immigrants became citizens through IRCA.
    I believe the legalization program through IRCA should remain active as it continues to help many immigrants today. The employment driven sanctions however should not be active as it not only will harm both employer and employee but also our nation’s economy.
    Personally I believe this act is unfair as it is very limited in aiding immigrants coming into the country legally. It uses jobs as bait for illegal immigrants to become detained. I would add on to the legalization program and add anyone who has a certification of trade or provide work programs that do not require one’s legal status until a certain deadline when one is able to come up with the means to find an immigration lawyer.

    https://www.dhs.gov/sites/default/files/publications/IRCA_Legalization_Effects_2002.pdf
    https://books.google.com/books?hl=en&lr=&id=TYHbEFabZRsC&oi=fnd&pg=PA1&ots=PzjzFk1VkO&sig=KQPxJPXFnNMcioq4qEL1eGkx0k8#v=onepage&q&f=true
    https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=1087&context=hlelj
    https://www.theatlantic.com/notes/2016/05/thirty-years-after-the-immigration-reform-and-control-act/482364/

    #108814

    Misael Calderon

      Why/How/When was this program or category created in the US? Is it an active program/category or is it expired/never activated?

    U.S. officials called the separation of families a pilot program and had not even thought of a system to dealing with these things before Donald Trump’s ‘zero tolerance’ policy. May fifth of 2017 was when the ‘zero tolerance’ policy was created which imprisoned adult undocumented immigrants (even those seeking asylum) and separated them from their minors by sending them to the department of health and huma services. Before the trump administration families were paroled into the country or detained together. Now the new policy still remains.

      What is it? What was the intent of this program or category? Did it replace an earlier program or category? Did it seek to solve a specific problem or issue? Who created it (e.g. a particular president, congress, international organization like the UN)?

    The intent of this program was to regulate the amount of undocumented people in the U.S. No system was put in place prior it was only a pilot program that had dealt with these things. Trump made this system to please many Americans who believed their job opportunities were decreasing because of this predicament but ended up separating a great deal of families and making an already bad situation worse.

      Who does this program or category include? Who does it serve? Do you know anyone who was served by this program/category?

    The benefits of this program are unclear. It seems any attempts on it having a positive feedback from the public have failed and that there was no proof behind Trumps bold claims that all immigrants were here to harm the nation with their criminal activity and their job theft. The policy just exists to stop anyone undocumented from coming into the country illegally. The separation of children from their parents is now somewhat of a threat that people consider and still continue on to attempt to seek asylum regardless.

      Who does this program or category exclude? Who does it harm? Do you know anyone who was harmed by this program/category?

    It harms families. It separates minors from parents and sends them into one of the 100 Office of Refugee Resettlement and other care arrangements scattered across the country. In a way I think the country would prosper if it had more people who are eager to work for a better life.

    What major debates or controversies have surrounded this program or category?

    Should this program/category remain active or become activated in the future?

    Why or why not?

    The refugee centers aren’t healthy environments for the children. Some children are cluttered closely together and suffer conditions comparable to, or if not worse than, jail. This program should shut down. Either it shuts down or they make some drastic changes which are being advocated for to this day.

      What resources did you use to answer these questions? How difficult or easy was it to answer these questions? How did you ensure that your information sources were reliable?

    https://www.splcenter.org/news/2020/06/17/family-separation-under-trump-administration-timeline

    https://www.nbcnews.com/storyline/immigration-border-crisis/trump-admin-ran-pilot-program-separating-migrant-families-2017-n887616

    I used the main google search engine to read articles in relevance to today’s occurrences. It was easy to answer these questions. I can only assume that my information was legitimate since it came from the nbc news site and another secure site. It makes me consider that my views on this topic may be easily swayed based on the first thing I read.

      What is your gut-level response to this program/category? Is/was it fair/unfair, just/unjust, needed/unnecessary? How would you change it?

    This program does not seem fair. It is a hard decision to make though. Just being the devil’s advocate here, but people go through great lengths to get to this country legitimately and its unfair as well when people can get away with coming here without the proper documentation. If I could change it for the better, I would try to set some rules in place. Establish some sort of place where people who are prosecuted for trying to cross illegally are documented on file and sent back with future attempts leading to incarceration in said facility. The time of incarceration would probably be relevant to any past crimes. Children should be given asylum in a safe place where they came from, not the U.S. That way they can live with relatives wherever they came from or live in a shelter that isn’t in the U.S. It doesn’t sound too fair, but it sounds like a better solution than the refugee centers.

    #108820

    1.Why/How/When was this program or category created in the US? Is it an active program/category or is it expired/never activated?
    The Family reunification was created in 1968 by the term of Immigration and National Act as amended and is the most common legal basis for immigration in the United states and Only immediate family members (spouses, minor unmarried children, and parents)
    are eligible to petition under this program.

    2.What is it? What was the intent of this program or category? Did it replace an earlier program or category? Did it seek to solve a specific problem or issue?
    Marriage migration is a subcategory of family reunification. The intent of the program is to allow the wife or husband to immigrates to the country of the other spouse. Marriage migration can take place before or after marriage.

    3.Who does this program or category include? Who does it serve? Do you know anyone who was served by this program/category?
    This program serves and is only eligible to immediate family members. My grandparents took advantage of this program. My grandfather was already an American citizen therefore when he marries my grandmother, he was able to bring her to the United Stated and years later she became a U.S. citizen.

    5. What major debates or controversies have surrounded this program or category? Should this program/category remain active or become activated in the future? Why or why not?
    I believe one of the biggest controversies of this programs is the way fake marriages are taking advantage of this program making it harder for real marriage to be believable. I do believe it should remain active because it keeps family together.

    6. What resources did you use to answer these questions? How difficult or easy was it to answer these questions? How did you ensure that your information sources were reliable?

    https://fas.org/sgp/crs/homesec/R43145.pdf
    https://www.lwvhcnc.org/PDFs/ImmigrationStudy_FamilyReunification_Hatch.pdf
    https://www.unhcr.org/en-us/us-family-reunification.html
    https://en.wikipedia.org/wiki/Family_reunification
    https://en.wikipedia.org/wiki/Family_reunion
    https://www.google.com/search?rlz=1C5CHFA_enUS906US906&biw=1172&bih=728&sxsrf=ALeKk03CqBna6fi28OXEpTnvBDQ0Di1Nng%3A1613621994156&ei=6uotYN78CNrk5NoP5qGS-AE&q=family+reunification+in+the+united+states+wikipedia&oq=family+reunification+in+the+united+states+wiki&gs_lcp=Cgdnd3Mtd2l6EAEYADIFCCEQoAE6BwgjELADECc6BwgAEEcQsAM6BggAEBYQHjoFCAAQhgM6BQghEKsCOgcIIRAKEKABUKcXWLsjYKQtaAFwAngAgAF0iAGgBJIBAzUuMZgBAKABAaoBB2d3cy13aXrIAQnAAQE&sclient=gws-wiz
    https://www.americanbar.org/groups/public_interest/child_law/project-areas/immigration/keeping-immigrant-families-in-the-child-protection-system-togeth/

    7. What is your gut-level response to this program/category? Is/was it fair/unfair, just/unjust, needed/unnecessary? How would you change it?
    I think is a great program. It is important to keep families together and having the option to improve their lives at the same time. It is hard to live far from your love ones just because you have better opportunity to financially help. Having the family together all the responsibility won’t fall only in to one member.

    #108861

    1. Why/How/When was this program or category created in the US? Is it an active program/category or is it expired/never activated?
    The Green Card Lottery otherwise known as the DIV was instituted into the united states government in 1990 as part of the Immigration Act of the same year and currently remains active to this day although many would acclaim is on its final legs which one cannot argue
    2. What is it? What was the intent of this program or category? Did it replace an earlier program or category? Did it seek to solve a specific problem or issue? Who created it (e.g. a particular president, congress, international organization like the UN)
    The program first started as a means of other ways to speed up the process of immigration aside from one family member already being a citizen or through general employment first being N-5 which was a first come first serve, the second term using this was OP-1 through a lottery from 1989 to 1991 and available for natives of countries with low levels of recent immigration to the United States delivered through the mail
    3. Who does this program or category include? Who does it serve? Do you know anyone who was served by this program/category?
    It appears the program does serve its purpose in bringing in a change for those of other nations to help enter the country as legal citizens in a much faster rate, however the process was not always equal, as some nations being eligible didn’t receive access to this form until much later
    4. Who does this program or category exclude? Who does it harm? Do you know anyone who was harmed by this program/category?
    Based on research and how the program was made, any and all nations that exceed a certain status such as “first world” aren’t eligible for the lottery such as china, india, russia and so on, but the lottery does exclude nations that have had activity of terrorism and other forms of disasters as there is a limitation of how many can receive eligibility.
    5. What major debates or controversies have surrounded this program or category?
    Should this program/category remain active or become activated in the future? Why or why not?
    there are numerous companies and websites that charge a fee in order to complete the form for the applicant, because of its terminology more third party sites would have them believe their website and applications are genuine and would make money off of many trying to get legalization into the country
    6. What resources did you use to answer these questions? How difficult or easy was it to answer these questions? How did you ensure that your information sources were reliable?
    The program i had used was the uscis.gov page to help fill in the gaps of most of the information necessary however because of the many problems this program has had it was more than likely the information given was cleaned up to show the program still functions as if there are no issues which is false, aside from false claims there have been several accounts of racism and favoritism on which would be accepted
    7. What is your gut-level response to this program/category? Is/was it fair/unfair, just/unjust, needed/unnecessary? How would you change it?
    My gut response to this program is that there are many misconceptions about it, falling under or being known to as a “lottery” attempts more corruption that there is satisfaction. Many deceptive agencies charge fees from applicants or falsely claim to increase their winning chances, but in fact the only way to apply for the lottery is to complete the entry form on the Department of State website, free of charge thus has been the effort to end this program since 2005. While it shouldn’t be abolished, it should be renamed and paperwork to be given only to correct channels, or that videos and proper warning of third party sites should be educated

    #108862
    Emely
    Participant
    1. Why/How/When was this program or category created in the US? Is it an active program/category or is it expired/never activated?

    Unfortunately, deportation has been a present topic in the United States since the 18th century in which the first deportation was of poor Irish people in Massachusetts. In 1798 the alien sedition act was passed by congress this act allowed the deportation of non-citizens or aliens. Deportation continued through the Chinese exclusion act of 1882. In the 20& 21st century deportation continued and we see how it has ended up massing deportations today.

     

    1. What is it? What was the intent of this program or category?

    The intent of these deportation programs is to remove people who are in the United States unlawfully. But in history we see that racism can be a factor in why they deport people such as the Chinese exclusion act where The United States did not want anyone from China in the United states.

    Did it replace an earlier program or category?

    It did not replace an earlier program but in fact the program has evolved through the years.

    Did it seek to solve a specific problem or issue?

    These programs in fact have had positive effects as they do remove people who are unlawfully living in the United States.

    Who created it (e.g. a particular president, congress, international organization like the UN)

    The deportation programs have evolved, and each president has added to the fight against immigration. For instance, it was started in Massachusetts to prevent the Irish but has evolved to anyone from any nation. In 2002 president bush signed the homeland security act which created the bureau of homeland security.

    1. Who does this program or category include? Who does it serve? Do you know anyone who was served by this program/category?

    This category serve to a lot of people, depends on the situation

    This program includes all United States citizens and fights against those who have migrated to the United states illegally. Programs like these are set in place to maintain security in the United States.

    1. Who does this program or category exclude? Who does its harm? Do you know anyone who was harmed by this program/category?

    This program does not exclude anyone as everyone plays their role or is involved for instance people who are citizens of the United States may feel safer when criminals are being deported. Unfortunately, on the other hand it does harm families and children as they are often broken up and separated.

    1. What major debates or controversies have surrounded this program or category? Should this program/category remain active or become activated in the future? Why or why not?

    There are many controversies such as it is inhumane to separate families or deport people. It is also not fair. I believe that this program should remain in effect but should be reevaluated. Not everyone who is being deported deserves to be deported. The hard-working law-abiding citizens should remain.

     

    1. What resources did you use to answer these questions? How difficult or easy was it to answer these questions? How did you ensure that your information sources were reliable?

    I used previous knowledge along with Wikipedia in which they broke done the deportation crisis by century.

    1. What is your gut-level response to this program/category? Is/was it fair/unfair, just/unjust, needed/unnecessary? How would you change it?

    Being an immigrant myself I understand the struggles and the heartache that comes with programs like this. It is unfair that people who are working and act like law abiding citizens are being taken from a country in which they have only done good, some who have even raised their families. But I also understand the need for programs like this as the United States does need to protect their citizens and most importantly their national security. As not all immigrants or citizens are doing the correct thing.

    If I had the power to change anything I would allow those who are set to be deported be evaluated. For instance, people who have been working and living as law abiding citizens should be given a chance at legal citizenship so that they can continue to do well and will be able to add to the uniqueness of the United states. But as per those who have been involved in criminal activity of a certain statue should be held accountable.

     

    https://en.wikipedia.org/wiki/Deportation_and_removal_from_the_United_States

     

     

    #108874
    Josmairy frias
    Participant

    Josmairy H-2A,H1B,H2B 

     

       Why/How/When was this program or category created in the US? Is it an active program/category or is it expired/never activated? 

    Congress created the H-2A program in 1986 to allow legal foreign workers to temporarily work for U.S. farmers who were unable to hire qualified Americans. However, illegal immigrant workers came to dominate the industry in the 1990s, and the H-2A program was rarely used. While it still supplies only about 10 percent of farm labor, H-2A employment has increased fivefold since 2005. The H-1B is a temporary (nonimmigrant) visa category that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor’s degree or the equivalent. Under the Trump administration, more H-1B petitions are initially being denied, but a growing number of these denials are later overturned. Denials of new H-1B petitions for initial employment rose from 6 percent in FY 2015 to 21 percent in FY 2019. . The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States.The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peak load need or intermittent need.  

    What is it? What was the intent of this program or category? Did it replace an earlier program or category? Did it seek to solve a specific problem or issue? Who created it (e.g. a particular president, congress, international organization like the UN)

      The H-1B allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor’s degree or the equivalent. Jobs in fields such as mathematics, engineering, technology, and medical sciences often qualify. H2-A allows legal foreign workers to temporarily work for U.S. farmers who were unable to hire qualified Americans. The H-2B program it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification.

     

    Who does this program or category include? Who does it serve? Do you know anyone who was served by this program/category?

    An H-1B visa allows an individual to enter the United States to temporarily work at an employer in a specialty occupation. The regulations define a specialty occupation as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including but not limited to biotechnology, chemistry, computing, architecture, engineering, statistics, physical sciences, journalism, medicine and health: doctor, dentists, nurses, physiotherapists, etc., economics, education, research, law, accounting, business specialties, technical writing, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum.  The H-2A temporary agricultural program helps employers who anticipate a lack of available domestic workers to bring foreign workers to the U.S. to perform temporary or seasonal agricultural work including, but not limited to, planting, cultivating, or harvesting labor. The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification.

     

    What major debates or controversies have surrounded this program or category?Should this program/category remain active or become activated in the future? Why or why not?

    The federal visa program for guest farmworkers, known as H-2A, has grown rapidly as the rural workforce has aged and as a crackdown against undocumented workers has intensified under President Donald Trump. Even as the White House has broadly restricted visas during the coronavirus pandemic, the administration has made exceptions for H-2A visas, deeming H-2A workers to be essential and calling the program “vital to maintaining and securing the country’s critical food supply chain.” Under the Trump administration, more H-1B petitions are initially being denied, but a growing number of these denials are later overturned. Denials of new H-1B petitions for initial employment rose from 6 percent in FY 2015 to 21 percent in FY 2019. The denial rate for petitions for continuing employment stood at 12 percent in FY 2019—up from just 3 percent in FY 2015. But the USCIS Administrative Appeals Office overruled Service Center denials nearly 14 percent of the time in FY 2018 and FY 2019, compared to only 3 percent of the time between FY 2014 and FY 2017. Moreover, a record number of H-1B petitioners have challenged denials in federal court, and a significant number have managed to get the denials reversed

     

    What resources did you use to answer these questions? How difficult or easy was it to answer these questions? How did you ensure that your information sources were reliable?

      https://www.nbcnews.com/specials/h2a-visa-program-for-farmworkers-surging-under-trump-and-labor-violations/

    https://www.uscis.gov/forms/explore-my-options/h-2a-h-2b-and-h-3-visa

    https://www.dol.gov/agencies/whd/immigration/h2b 

     

    What is your gut-level response to this program/category? Is/was it fair/unfair, just/unjust, needed/unnecessary? How would you change it?  As an immigrant, I feel that all these workers do not care if you are an agriculturist to receive this help since they work for the minimum wage and many times it does not give them to help their families. They come for his dream and they should help him because these programs seem ideal for them and how sad it is to see how the government itself tries to take away what little they can do to earn their food for themselves and their families. 

     

    #108878
    1. Why/How/When was this program or category created in the US? Is it an active program/category or is it expired/never activated?

    The Asylum process in the United States as we know it today was created in the wake of WW2, in compliance with guidelines put in place by the United Nations defining refugees, which was finally agreed to and put in place in the US with the Refugee act in 1980.

    1. What is it? What was the intent of this program or category? Did it replace an earlier program or category? Did it seek to solve a specific problem or issue? Who created it (e.g. a particular president, congress, international organization like the UN)

    The purpose of the Refugee Act is to allow anyone classed as a “Refugee” to receive asylum in the United States. A refugee is defined as someone who has been displaced from their country of origin “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.”. It is in place to comply with the UN.

    1. Who does this program or category include? Who does it serve? Do you know anyone who was served by this program/category?

    This program includes anyone who comes to the US seeking asylum and gets their claims approved. It is supposed to serve those fleeing violence, and I’m not sure if anybody I know is a refugee. If they are, I would be unaware.

    1. Who does this program or category exclude? Who does it harm? Do you know anyone who was harmed by this program/category?

    Many of those who apply for asylum with legitimate claims are still rejected because of how dysfunctional and xenophobic the system can be. I’ve never known someone who had their claim for asylum rejected, but to be fair the relative of mine from Denmark who have immigrated aren’t fleeing violence.

    1. What major debates or controversies have surrounded this program or category?
      Should this program/category remain active or become activated in the future? Why or why not?

    The process to apply for asylum in the US is incredibly discriminatory by nationality, with many countries having almost no people approved, and others having a near 100 percent rate of success. I believe that this program should remain active, but be improved to be more fair.

    If this program was removed many people who are fleeing conflict would lose a place to go, and it’s unlikely another asylum program would be created to replace it in the future.

    1. What resources did you use to answer these questions? How difficult or easy was it to answer these questions? How did you ensure that your information sources were reliable?

    My resources were https://theweek.com/articles/837512/complicated-history-asylum-america–explained and https://www.splcenter.org/20181002/history-asylum-united-states

    It was difficult to answer these questions, as neither me nor any family members of mine have been through the US asylum system. Luckily the Southern Poverty Law center is very reputable, and both sources line up with each other without contradiction.

    1. What is your gut-level response to this program/category? Is/was it fair/unfair, just/unjust, needed/unnecessary? How would you change it?

    It’s unjust. Anyone who applies for asylum shouldn’t be assumed to be lying unless proven otherwise, it should be the other way around. Unless there is serious evidence that they are not fleeing violence, people should be allowed asylum by default

    #108958
      Why/How/When was this program or category created in the US? Is it an active program/category or is it expired/never activated?

    DACA was introduced to the public on June 15, 2012, USCIS began to take in applications on August 15, 2012. This happened under Barack Obama eight year presidency. This was brought under Deferred Action for Childhood Arrivals is DACA another name they are known for is “Dreamer.” This was created because Obama talked about the failure of Congress to proceed the “DREAM Act.” That would’ve granted a path to citizenship for specific immigrants that were brought to the country illegally as children. Obama had spoken about the absence of congressional action, the Department of Homeland Security would like to put a temporary program into play to postpone deportation for “eligible individuals who do not present a risk to national security or public safety.” According to factcheck. During Trump’s presidency they were not accepting new first time applicants even though the Supreme Court ruled for it to be operating the way it was before the administration ended it.

     

    DAPA Is Deferred Action for Parents of Americans President Obama had brought this to attention in November 20,2014. It was created by a United States immigration policy to delayed action status to specific undocumented immigrants who have a residence in the United States since 2010 and have children who are American citizens or lawfully permanent residents. It was stopped from proceeding . This program would not be legal status in the United States but it will grant a three-year renewable work permit and prevent deportation.

    What is it? What was the intent of this program or category? Did it replace an earlier program or category? Did it seek to solve a specific problem or issue? Who created it (e.g. a particular president, congress, international organization like the UN)

    This DACA program served to protect the citizens who were brought to this country while they were young, to avoid deportation. The creators were Obama and the Department of Homeland Security.

    DAPA was a presidential executive action, not a law passed by Congress.

      Who does this program or category include? Who does it serve? Do you know anyone who was served by this program/category?

    To be considered eligible for DACA you must be the following:

      Were under the age of 31 as of June 15, 2012;

    Came to the United States before reaching your 16th birthday;

    Have continuously resided in the United States since June 15, 2007, up to the present time;

    Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

    Had no lawful status on June 15, 2012, meaning that you never had a lawful immigration status on or before June 15, 2012, or any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;

    Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

    Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

    There is an age restriction for DACA, you must have been under the age of 31 as of June 15, 2012. You also have to be at least 15 years or older to request DACA. The only acceptance would be if you are currently in removal proceedings, have a final removal or voluntary departure order. This would be according to USCIS.

     

    To be eligible for DAPA: You must have lived ceaselessly in the U.S. since January 1, 2010, have been here in the U.S. on November 20, 2014, and be present in the U.S. when you apply for DAPA.

    You must have a child who was a U.S. citizen or lawful permanent resident starting November 20, 2014. Your child age does not matter,  nor married status

    You cannot have a lawful immigration status on November 20, 2014.

    You must pass a background check. Only Certain convictions, like felonies or misdemeanors, could disqualify you automatically. People granted DAPA will receive protection from deportation and work permits for a period of three years. They will be able to apply to renew their DAPA at the end of the three-year period. We anticipate that people granted DAPA will also be able to apply for permission to travel abroad. According to NILC

     

      Who does this program or category exclude? Who does it harm? Do you know anyone who was harmed by this program/category

    This affects anyone who is over the age of 31 as of June as of June 15, 2012, people who have convicted of felony, who did not obtain a high school diploma, came to the United States after your 16th birthday, You had a lawful immigration status on or before June 15, 2012, or any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012

    For DAPA, people who have not lived here ceaselessly since January 1, 2010, have not been here on November 20, 2014, are not present while applying, do not have a legal child here, have a lawful immigration status, and did not pass the background check.

      What major debates or controversies have surrounded this program or category?

    The Trump administration had said that President Obama did not have the authority to create the Daca. There was an executive order to withhold that, Mr Trump in a successful manner has ordered DHS to stop accepting new applications in 2017. But when it came to his second order to end renewals for Daca participants was denied last January before the Supreme Court. In 2018, the DHS Secretary Kirstjen Nielsen wrote that the program should end because it is “critically important for DHS to project a message that leaves no doubt regarding the clear, consistent, and transparent enforcement of the immigration laws against all classes and categories of aliens”.

    The White House tried to talk terms with lawmakers on a project to grant the undocumented immigrants a path to citizenship in order to receive funding for Trump’s border wall with Mexico.

      Should this program/category remain active or become activated in the future? Why or why not?

    This DACA program should remain active because throughout this program many people have benefits and employment rates have risen. This has benefited college students and helped them pay their tuition or loans. They help the states since they are also paying their taxes. The DAPA should also remain active because it gives children a better opportunity to be with their parents. So they don’t have to come here without parental authority.

      What resources did you use to answer these questions? How difficult or easy was it to answer these questions? How did you ensure that your information sources were reliable?

    Resources: https://www.bbc.com/news/world-us-canada-41128905 https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca https://www.factcheck.org/2018/01/the-facts-on-daca/ https://www.nilc.org/issues/immigration-reform-and-executive-actions/dapasummary/

    It was very easy to answer these questions because I have siblings that are into the program so I know some background information about it. For DAPA I know people who have their parents in this program and say that it is beneficial for them and their family. It just helps bring everybody together and to stay united. It was difficult when I wanted to give my personal opinion on the debate and controversy section.

      What is your gut-level response to this program/category? Is/was it fair/unfair, just/unjust, needed/unnecessary? How would you change it?

    In my personal opinion I feel that it was very unfair when Trump had taken away the opportunity of the DACA For his own selfish reasons even when the Supreme Court had given him an order to resume the program how it was before he was there. This is needed to help society become better and to benefit the future. I believe that the way the program is set up now it’s fine and it does help the majority of the dreamers, I don’t think that I would change the way it has been set up. DAPA helps parents in order for them to not leave their children or family alone. It gives them a better opportunity to help raise them educational, financially,and authority wise. It doesn’t only give hope for children before adults that have been going through struggles. Parents always want to give their child the most they can and the best they can in order for them to continue succeeding.

    #109825

    This is such an important topic, and you covered a lot of ground. In this section:

      What is it? What was the intent of this program or category? Did it replace an earlier program or category? Did it seek to solve a specific problem or issue? Who created it (e.g. a particular president, congress, international organization like the UN)?

    The intent of this program was to regulate the amount of undocumented people in the U.S. No system was put in place prior it was only a pilot program that had dealt with these things. Trump made this system to please many Americans who believed their job opportunities were decreasing because of this predicament but ended up separating a great deal of families and making an already bad situation worse.

    You explain the intent, but you don’t get into the specifics of the policy– that it was implemented and then it was stopped because of lawsuits and public outcry. The specific legal steps that regulated this policy’s implementation and dismantling are important. Now, Biden is opening a new “children’s detention center” so what is the legal basis for that? What is it legal for the US government to do or not do with children and families? That’s not really specified in your response.

    #109826

    Great!
    One thing you don’t mention that’s maybe relevant is that most detention centers are private and there is a federally mandated quota for how many beds are allocated per day– this means the federal government pays for detention (and generates huge profits to private corporations who run the facilities) whether or not people are detained. This generates an incentive to detain more and more people to meet the minimum quota, at least, and to exceed it and generate more profits.

    #109827

    Great job describing IRCA. The only big issue I have is that you use present tense, when this ended 35 years ago–anyone who did not qualify then has had no pathway to this legal remedy since then, either…. so what do you think about that?

    Would reopening and renewing IRCA be “the solution” to immigration issues today? Why or why not?

Viewing 15 posts - 1 through 15 (of 22 total)

You must be logged in to reply to this topic.

css.php
Need help with the Commons? Visit our
help page
Send us a message