| The current immigration system in the US is not meeting the needs of American businesses or families and it has created a huge underclass of more than 12 million immigrant workers who are condemned to a life in the shadows with few rights. The situation faced by immigrants who have lived here for many years is both difficult and complex. In the Irish context most of the undocumented population left Ireland in difficult economic times before the “Celtic Tiger” took hold. They established themselves and built a life here at a time when immigrants were welcome. Advocates are continuing to fight the good fight and Irish immigration centers have not given up hope of finding a solution that is sensible and reasonable.
The CIIC supports comprehensive immigration reform and recognizes that this problem will not go away, it is necessary to change the laws to ensure that there are legal avenues for immigrant workers to come and work legally in the United States. Recent evidence from Irish centers indicates that there are new arrivals from Ireland. We are once again seeing Irish migrants choosing the traditional path west to the USA. The last thing that we want to see is new generations of young undocumented immigrants joining those who came in the 1990’s.The American people are looking for a solution to this problem but the 109th Congress failed to act. Several of the key hard-liners who stalled past efforts to achieve reform have been voted out of office so there is a new opportunity for immigration reform in the 110th Congress.
The Current Situation
There are more than 34 million foreign-born persons living in the United States, of which an estimated 9 to 12 million are undocumented. The CIIC estimates that there are about 50,000 undocumented Irish immigrants in the US. All of those who are undocumented are subject to immigration laws and these laws and policies have become increasingly restrictive and challenging. Hope of achieving positive immigration reform in 2008 has diminished, however, there are some important and practical steps that immigrants can take in the coming months.
Obstacles for individuals
› Any immigrant who has been unlawfully present in the US for a period of more than 180 days but less than one year and who departs from the US and then tries to return may be barred for 3 years from date of departure.
› Any immigrant who has been unlawfully present in the U.S. for one year or more and who departs the U.S. and then tries to return may be barred for 10 years from date of departure.
› It is important to be aware that arrests, even for some minor offences, can make immigrants inadmissible and/or removable/deportable. All immigrants who are not yet US citizens should abide by US laws and should seek legal advice from a qualified attorney who has experience in immigration law if they are charged with any offence.
What can you do now?
It is very important to keep certain documents which may be helpful if you have the opportunity to apply for legal status. The green/white 1-94 card that is stapled into the passport of visitors is critical evidence that a person entered the country lawfully. Many applications cannot be made without evidence of lawful admission so it is very important to keep this card or other documents that prove you entered the country legally. It is also important to have documents that prove your identity, that show that you have been living in the USA, that chronicle your employment history as well as evidence of your good moral character.
Identity
It is important that you can prove your identity so be sure that you have valid photo identification. The best ID is a passport and if yours is lost or expired you can renew it through any Irish consulate in the US. Be aware that using fraudulent documents can put you in removal (i.e., deportation) proceedings.
Continuous Physical Presence & History of Employment
It is important to keep good records so that you will be able to show where you have lived and worked since coming to the US. Keep records from school, hospitals, churches, as well as letters from employers. Start keeping track of the names of employers, their addresses, and your dates of employment.
Good Moral Character
If you have ever been arrested anywhere, anytime or if you have ever had an encounter with law enforcement agencies, you needs to seek expert immigration legal advice before filing any application with the government. Please seek this advice even if a criminal defense attorney has advised that there is no record of an arrest/conviction. Contact your local Irish Center to get a referral to a reputable and experienced attorney with expertise in both criminal and immigration law.
Additional Recommendations for Individuals
Never claim to be a U.S. citizen and do not register to vote. If you are a green card holder, on a visa, or not on a visa, you CANNOT and MUST NOT register to vote. To do so is a federal offense.
Social Security No-Match Letters
No Match Letters and why they are important
The Social Security Administration for many years now has issued letters to companies informing them if their workers’ Social Security numbers don’t correspond with their names. Companies have not been required to do anything after receiving the letters, the only time employers are required to confirm a person’s immigration status is at the moment of hiring. The Department of Homeland Security planned to start a new immigration enforcement scheme in September 2007. Their goal was to make employers investigate their workers’ immigration status via the social security database – and then fire them if they could not prove they had legal status. A federal judge has blocked this rule from going into effect because it could potentially harm millions of documented workers, as well as those without legal papers. In March 2008 DHS stated that it is reissuing the 2007 final rule “without change.”
Why are no-match letters bad public policy?
These rules are bad because they are proposing to use the SSA database, which has millions of errors, as an immigration enforcement tool. The database does not contain current information about workers immigration status and will result in layoffs of employment-authorized workers and U.S. citizens. The new rule also encourages the misconception that if a worker has been named in a “no-match” letter that this shows that the worker is ineligible to work in the U.S. Unscrupulous employers will continue to use no-match letters to retaliate against any workers who try to exercise workplace rights such as filing legitimate complaints regarding unpaid wages, worker’s compensation, sexual harassment or discrimination.
What is the current situation?
› The proposed rule has been blocked by the court, and is not in effect.
› The only time an employer needs to check documents is when they first hire people. At the moment, a company has no reason to fire a worker if there is a mismatch between the worker’s name and Social Security number.
› If a company is firing people based on suspicions that they are not documented contact your local Irish center right away. This kind of action may be illegal.
Stay tuned for further updates.
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