Current Issues In Esol Education

Immigration and ESOL Programs Orange Campus Community Collaborative March 2007

Albert Einstein (Germany)

A Nation of Immigrants Elie Wiesel (Romania)

Jagdish Bhagwati (India)

Henry Kissinger (Germany) Sammy Sosa (Dominican Republic)

Jerry Yang (China)

Oscar de la Renta (Dominican Republic) I.M. Pei (China)

Sydney Poitier (Bahamas) Isabel Allende (Chile)

J.K. Galbraith (Canada)

Anthony Quinn (Mexico)

Arnold Schwarzenegger (Austria) Frank McCourt (Ireland)

Madeleine Albright (Czech Republic) Carlos Santana (Mexico)

U.S. Immigration – By the •Numbers In March 2005, the immigrant population reached 35.2 million people.

• Immigrants make up 12.1% of the population. • 7.9 million immigrants have entered the USA since 2000, making the 2000-2005 period the period of greatest immigration in US history. • 3.7 million of those 7.9 million immigrants entered the US illegally. The estimated population of illegal immigrants is 11 million. • In 2005, 10.3 million school-aged children were from immigrant families. • Immigrants have not affected the nation’s age structure. The average age in American remains at 36 years.

Immigrant Population vs. Native Population % of population not completing high school

Immigrants

Natives

30

8 equally as likely

Hold a bachelor's or graduate degree % using at least one major welfare program

29

18

% living at or below poverty line

18.4

11.7

% lacking health insurance

33

13

% of entrepreneurship (selfemployment)

11

13

North Carolinian Immigrant Population • 243,000 immigrants arrived between Jan. 00 and March 05. • This represented a 7.0% increase in the total state population. • The current immigrant population is estimated at 590,000 immigrants. • Between 2000 and 2005, North Carolina’s immigrant population grew by 58.1%. • North Carolina’s immigrant population is the 14th largest in the US.

Factors Influencing Immigration • Lack of jobs in the native country: − For educated individuals. − That pay a livable wage. − That are secure & safe.

• Lack of opportunity in the native country: − To advance professionally, or to find work. − To seek education beyond a basic level. − For social/ economic/ societal advancement.

• Belief in “the American dream”: − Life will be better elsewhere. − America is the land of (jobs and) opportunity. − America has more abundant material comforts and conveniences (utilities, cars, TVs, etc.).

• Desire for better living conditions. • Desire to leave poverty. • To join family. • To take a specific job (legally or illegally). • To follow work flow. • To attend school. • To seek relief after a disaster. • To seek relief from government/ political instability. • To avoid persecution because of political, cultural, ethnic, religious, or ideological beliefs or lifestyle.

Immigration Status • Refugee:

a person who is unable or unwilling to return to his or her country of nationality because of persecution or a wellfounded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinions. A request for refugee status is made while outside of the United States.

• Asylum:

a person outside of his or her country of nationality who is unable or unwilling to return because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinions. A request for asylum is made while in the United States or on US soil (i.e. at an embassy).

• US National:

a person who, though not a citizen of the United States, owes allegiance to the US. Ex. persons born on Swains Island or American Samoa.

• Permanent Resident:

a foreign national who has been granted the privilege of permanently living and working in the United States, commonly known as a "Green Card Holder".

Immigration Status, con’t. • Legal Alien:

a person who is owing political allegiance to another country or government and not a native or naturalized citizen of the land where s/he is found; however, said person is legally permitted to remain in that land on specified terms. − Resident Alien: a person who has temporary or permanent residence in a country (which is foreign to him/her) − Nonresident Alien: a person with the legal right to visit a country

• Illegal Alien:

a foreign national who resides in another country unlawfully, either by entering that country at a place other than a designated port-of-entry or as result of the expiration of a non-immigrant visa.

• Enemy Alien:

a foreign national designated as an enemy of the land on which s/he is found; an enemy combatant.

• Guest Worker: a migrant worker; a person engaged in an activity for remuneration in a land where said person is not a citizen.

Legal Immigration • Occurs with an immigrant visa. • Under the Immigration and Nationalization Act (INA), immigrant visas are awarded under three conditions: − There is a family sponsor. (The sponsor is a US citizen or permanent resident.) − There is a humanitarian refuge need. − The applicant holds preferential job skills.

• Sponsoring families must earn at least 125% of the federal poverty level. • New immigrants cannot use federal benefits for the first ten years after arrival, but can use state and local benefits.

American citizenship •

Is conferred at birth: − −

through principles of ius soli and ius sanguinis (the rights of the soil and blood). to the following people, under the Immigration and Naturalization Act: • • •

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anyone born in the US and subject to its jurisdiction; Indians and other aboriginal people born in the US; anyone born outside the US, if at least one parent is a US citizen and certain residency or physical presence requirements were fulfilled by the citizen parent or parents prior to the child's birth; anyone who is found in the US while under five years of age, whose parents cannot be identified, and who is not shown prior to his or her 21st birthday to have been born outside the US.

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Is protected:

− −

• •

The 14th Amendment guarantees US citizenship to any individual born on US soil and subject to its jurisdiction. Rogers v. Bellei: the Supreme Court held that citizenship status of a person born outside of the US to an American parent is not constitutionally protected.

Is automatically granted to children born in the US to tourists, under current law. Is a right, not a privilege, and can be lost if a person knowingly and willingly:

− − − − −

becomes a naturalized citizen of another country, or declares allegiance to another country, after reaching age 18; serves as an officer in a foreign country's military service, or serves in the armed forces of a country which is engaged in hostilities against the US; works for a foreign government (e.g., in political office or as a civil servant); formally renounces one's US citizenship before duly authorized US officials; or commits treason against, or attempts or conspires to overthrow, the government of the US.

Requirements for Citizenship 1. You have been a lawful permanent resident for at least 4 years and 9 months.  Or you are a lawful permanent resident for at least 2 years and 9 months AND have been married to a U.S. citizen for that time period AND continue to be married to that U.S. citizen. • You have "good moral character:"  Last 3-5 years of taxes have been properly paid.  Males between 18-26 years old have registered for the Selective Service.  No criminal record.  Paid child support.  Etc. • You must have been physically present in the US:  For at least 30 months (2½ years) of the five years.  Or 18 months (1½ years) of the three years.  And you have not left the US for more than six months on any one trip within the last five years.

1. You must be able to speak, read, write and understand basic English.  Or you are at least 50 years of age and have been a lawful permanent resident for at least 20 years.  Or you are at least 55 years of age and have been a lawful permanent resident for at least 15 years.  Or you have a permanent physical or developmental disability or mental impairment making it impossible for you to meet the English language requirement. 2. You must be able to demonstrate knowledge and understanding of the fundamentals of U.S. history and principles of government.  Unless you have a permanent physical or developmental disability or mental impairment making it impossible for you to meet the civics requirement. 3. You must be at least eighteen (18) years of age.

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The Naturalization Process (Very Simply) • 1. Work with your attorney to: • • Complete the Form N-400, Application for Naturalization. • Provide photographs and supporting documents. • Pay application fee ($320 per application). 2. Be fingerprinted. (Approx. $70 per application.) a) Must make an appointment with USCIS. b) Must be taken at an approved USCIS site. 3. Pass an interview and tests. a) Must make an appointment to be tested at a USCIS site. b) Must answer questions about background and application. c) Must pass oral and written examinations of English and civics competence.

Applies only to lawful permanent residents of the US. Applicants must meet citizenship requirements. Applicants need an attorney.

1. Receive a decision from USCIS following your interview ands tests. 2. Take the Oath of Allegiance. a) Attend the oath ceremony. b) Answer questions about activities since interview/ tests. c) Surrender permanent resident card. d) Swear the Oath of Allegiance.

The Oath of Citizenship "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or

Rights of US Citizenship • The right to vote. • The right to run for office. • The right to carry a US passport. • The right to apply for a federal job.

The Immigration Debate – “Identity Crisis” Respect the diversity of immigrants, and encourage diversity in immigration law.  Place limits on the number of immigrants allowed to enter the US and its communities in a specific period of time. Slow the level of immigration to allow assimilation time to work. oMandate assimilation to certain American ideals. oEnforce English language proficiency.

Local communities and their citizens should work together to develop a plan for immigration: oWhat are the costs of assimilation? oHow many immigrants can be absorbed?

The Immigration Debate – “A Nation of Immigrants” America should respect its historic foundation as a nation of immigrants and refugees. Existing levels of immigration should be expanded, and special allocations made for skilled workers. America should increase the number of refugees it assists. oRefugees should have a more effective case system.

Family sponsored immigration should include those beyond the nuclear family. The issue of illegal immigration should be addressed with a plan of action for legitimating status, and with a plan of cooperation with sending countries (esp.

The Immigration Debate – “Put Economics First” Lower the immigration quota (by almost half). Restructure visa and entry requirements: require a higher level of education. Maintain or begin efforts to curb illegal immigration. Focus entry visas on skilled workers. oImmigrant workers should complement US workforce but should not compete with the native labor force. oRequire employers of low-skill immigrants to provide social services.

Provide additional federal assistance to communities with higher immigrate populations to offset costs to state and local services.

Immigration Legislation The Bush Administration Proposal: Comprehensive Immigration Reform 1.

The United States must secure its borders. a) National guard members are working with the Border Patrol at the Southern border. b) Implementation of the Secure Border Initiative. c) End of “catch and release” and expansion of “expedited removal.” d) Train state and local Immigration and Customs Enforcement (ICE) Officers.

2.

Employers must be held accountable for the workers they hire. a) Penalties for illegal employment practices have increased to include criminal prosecution and forfeiture, in addition to hearings and fines. b) The Department of Homeland Security is working to verify employment information. The administration is working to create a tamper-proof ID card for foreign workers. c) ICE continues to increase worksite enforcement arrests.

1.

To a) b) c)

secure our border, we must create a temporary worker program. Security measures alone will not prevent illegal immigration. American worker’s cannot suffer. The temporary worker program should: i. Give priority to American workers. ii. Be truly temporary, with penalties for failing to return home. iii. Fluctuate with the conditions of the economic market.

2.

We must bring undocumented workers out of the shadows. a) The President opposes amnesty or an automatic path to citizenship. b) The President supports a “rational middle ground” between mass deportation and automatic amnesty, that: i. Grants no amnesty. ii. Undocumented workers must pay a substantial penalty. iii. Undocumented workers must learn English, pay taxes, pass a background check, and a hold a steady job before being considered for citizenship.

3.

We must promote assimilation into our society by teaching new immigrants English and American values. a) New citizens have an obligation to learn English and the customs and values of America. b) The President’s Task Force on New Americans is working to expand civics education for new immigrants through volunteering

Congressional Legislation •There

are almost 200 pieces of legislation concerning immigration and its related topics in the 110th Congress. •The legislation covers a range of topics and is proposed by Senators and Representatives across the political spectrum. •S.9:

Comprehensive Immigration Reform Act (Sen. H. Reid, D-NV) •Recognizes the US’s heritage as a nation of immigrants. •Amends the INA to: •Provide more effective border enforcement •To prevent illegal immigration •To rationalize avenues for legal immigration

•S.

330: Border Security and Immigration Reform Act (Sen. J.

Isakson, R-GA)

Increases the number of border security provisions. • Requires mandatory detention of illegal immigrants, except those from Mexico (“catch and return”) and Cuba (asylum). •Requires t he US to work with North and Central American countries to establish a network of secure borders. •Requires expedited removal programs. •Extends the implementation dates of the Western Hemisphere Travel Initiative (WHTI, or the passport initiative). •

Congressional Legislation, con’t. •H.R.750:

Save America Comprehensive Immigration Act (Rep. S.

Jackson-Lee, D-TX 18th) •Increases

protections for and eligibility of family sponsored immigrants. •Increases training about and capacity for detention of illegal immigrants. •Provides special exceptions and circumstances for victims/ witnesses of sexual abuse and immigration fraud. •Amends asylum application provisions. •H.R.1645:

Security through Regularized Immigrant and a Vibrant Economy (STRIVE) Act (Rep. L. Gutierrez, D-IL 4th/ Rep. J. Flake, R-AZ 6th) •Advocates

and establishes a program of “earned legalization.” • Increases penalties for crimes associated with immigration. •Requires and creates an employment verification system and increases penalties for illegal employment. •Creates the H-2C Worker Program, a 3 (+3) year program for immigrant workers and families that creates a flexible cap and increases visa and potential citizenship requirements. •Reforms visa program to favor families and individuals with known jobs/ job skills.

Upcoming Legislation (Select) Scott Gardner Act (S. 850/ H.R. 1355) Improves

the capacity for law enforcement to share immigration information. Calls for the immediate deportation of aliens convicted of DWI.

H. R. 213 Provides discretionary authority to immigration judges to determine if alien parents of US citizen children should not be deported.

H. R. 134 Amends the INA to deny visas and admission to aliens who have been unlawfully present in the US for more than 6 months.

Secure Entry Act (H.R. 1342) Suspends the visa waiver program until entry-exit program requirements are met (including biometrics).

Illegal Immigration Enforcement and Social Security Protection Act (H.R. 98) Requires

encrypted identification strips on SS cards. Prohibits individuals from obtaining work without proper SS information. Prohibits employers from hiring individuals without verifying SS information.

DREAM (Development, Relief & Education for Alien Minors) Act (S. 774) Cancels

of the removal of illegal aliens who are:

16

years old or younger when they entered the US of good moral character (see previous definition) not otherwise inadmissible or deportable under the INA high school graduates, have a GED or equivalent, or have been accepted to a higher learning institute. Provides

conditions for achieving permanent resident status.

Baseball Diplomacy Act (H.R. 216) Waives immigration prohibitions for Cuban nationals coming to the US to play organized professional baseball), for the duration of the professional season. (Credit the family of José Contreras, who outran the Coast Guard in 2004 to join him the US .)

Citizenship Reform Act (H.R. 133) Amends the INA to deny citizenship at birth to children born in the US whose parents are not US citizens or permanent residents.

National Language Act (H.R. 769) Makes

English the official language of the US and the official language of business of the federal government. Repeals bilingual voting requirements. Permits the use of other languages in social and cultural settings, including: Religious

services Study and education 

Implications for ESL programs • With the push to naturalize, more immigrants will require ESOL courses to meet minimum standards. • Under new requirements, immigrants will also need civics education classes to pass tests and interviews. • Some cities moving to designate English as the official language will cease to offer translated forms and information. − Population shift: Immigrants will no longer settle in unwelcoming communities − Need for survival English will quickly increase • Immigrant students will need to know safe and friendly places to turn for education, immigration and training. • Status of students may become a condition of participation in government funded programs. Therefore, volunteer and drop-in programs may see higher illegal alien populations.

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For “A Nation of Immigrants:” http://www.ailf.org/notable/famous.htm

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Sources

For statistical information: Steven A. Camarota, “Immigrants at Mid-Decade: A Snapshot of America’s Foreign Born Population in 2005.” Backgrounder Dec. 2005. The Center for Immigration Studies. http://www.cis.org/articles/2005/back1405.html.

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For immigration status definitions: US Citizenship and Immigration Services, http://www.uscis.gov.

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For information on US citizenship: Dual Citizenship FAQ. http://www.richw.org/dualcit/law.html USCIS. http://www.uscis.gov.

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For the naturalization process: Find Law for the Public. http://immigration.findlaw.com/

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For the immigration debate: The Kettering Foundation. The Challenges of American Immigration: What Should We Do? 2003004. National Issues Forums. http://www.nifi.org/discussion_guides/detail.aspx?catID =13&item ID=758.

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For the legislation: – –

The Bush Administration Plan: http://www.whitehouse.gov/infocus/immigration. For Congressional Legislation: Active Legislation- http:// www.senate.gov/pagelayout/legislative/b_three_sections_ with_teasers/active_ eg_page.htm Upcoming Legislation- THOMAS (search “immigration”) - http://thomas.loc.gov/