[D]eportation is . . . exile, a dreadful punishment, abandoned by the commom consent of all civilized peoples. . . That our reasonable efforts to rid ourselves of unassimilable immigrants should in execution be attended by such a cruel and barbarous result would be a national reporach.

---JUDGE LEARNED HAND, 1929

The above quote is from Chapter 2 of Ngai's Impossible Sujbects: Illegal Aliens and The Making of Modern America.

THIS PAST WEEK, we visited the Chicago U.S. Immigration Court, and observed a number of individuals facing imminent deportation from the United States. I invite you to post comments and/or questions. See you next week...

Christopher Helt, Esq.

Dara writes,

For me the immigration court experience was profound in sharing the very personal side of what has become a controversial "topic" of discussion and debate. Beyond the politics and even economics is the reality of injustice. I don't think it is possible to see a situation like Mr. Din's or Mr Hassan's and not develop a sense of outrage and feel compassion for their families. Again, the question of Constitutionality surfaces.

To say the immigration system is broken is an understatement that became even more apparent in seeing the court proceedings. Hearing the years spent processing cases, many of which seem to be based on errors and technicalities and realizing the amount of money and manpower used is beyond wasteful. The figuratively fine line determining lawful and unlawful status looks more like a noose (to me).

Teresa writes...

I had mixed feelings upon arrival at the immigration court. I assumed I would immediately loathe the judge, scorn the prosecuting attorney with eyes of judgment, and leave feeling even more enraged with the immigration laws of this country.

Contrary to my anticipation of dramatic decisions, NOTHING HAPPENED. Even cases which were supposed to be decided were postponed to a later date for various reasons. When I say moved to a later date, I mean a year to a year and a half from now. Wow. I can't even imagine how one plans his or her life under such circumstances. If you are unsure you can even remain in the United States, I assume you would do your best to set up "back up plans" somewhere else. If you are raising a family, how do you simply live without being constantly fearful and anxious?

As I sat outside the hearing room, I looked at everyone present. The lawyers, naturally, stuck out like sore thumbs. I wondered what brought them to the job. I was fascinated with the large presence of people's families. This does not surprise me because it is important to support loved ones and show the judge a life actually exists in the United States. What I did wonder was how these families were able to continually come back to court. Time off of work, pulling children out of school, and continued legal fees are not luxuries everyone can afford. In this respect, the court system seems to be incredibly disrespectful of people's time and lives.

I did not hate the judge. I found her, instead, to have a warm and friendly demeanor. I found not loathing for the Honorable Jenny, but I still got a sick feeling in my stomach when I thought of the power she has over people's lives. I was not impressed with the government representative. His stacks of paper and routine distribution of fingerprinting instructions made him seem indifferent and apathetic to the people fighting for their residence in the United States. I wondered what the outcomes for so many diverse people would be. I left with mixed feelings. I was ashamed of the immigration court system. I also felt responsible. As a daughter of immigrants from Italy and Norway, my families never faced a similar process of starting or continuing a life in the United States as those I witnessed in the courtroom. As a citizen of the United States, I question what my role has to be in the restructure of our immigration system.

MODEL MIDTERM ANSWERS

Immigration, the act of one coming to America to live either temporary or permanently, is a creature of politics and economics. Laws and policies towards immigrants in the United States are created and, in fact driven by, political or economic bases. In Daniels' Guarding the Golden Door, for example, we read about immigration laws created to restrict Chinese immigrants (The Chinese Exclusion Act), (ANY EXAMPLE cited in Daniels is acceptable--Senator Sumner or any of today’s outspoken members of Congress, Senator Frist from Tennessee, etc.), based on an economic basis, as labor movements feared Chinese immigrants were injurious to the economy, taking jobs away from others. Any example from Geraldo Rivera's HIS PANIC acceptable.

B.) Why does one want to “Come to America” (the U. S.) permanently? What are the Four (4) ways, generally, an immigrant can stay permanently in America? List each one, provide any examples from any class discussions, lectures, the film Avalon or (if applicable) or from the reading material for each one.

MODEL ANSWER:

As we saw in the film Avalon, (or cite Enes Hadzovic from Kosovo reading material--facing persecution in his home country or Victor C-) individuals come to America for one (or a combination) of three reasons: To (1) reunite with family already here in the United States, (2) for economic reasons or to (3) flee persecution (problems in their homeland: War, severe civil strife, etc.).

There are four (4) ways to come to america permanently, with limited exceptions.

Generally, individuals permanently and lawfully come to the U.S. via (1) a family member in the U.S. who sponsors them; (2) a job sponsor (employment-based green card petition) sponsor; (3) political asylum; or (3) the visa lottery. Each have their own specific requirements. In class, we listed to Victor C- who was not one of the 4, but one of the exceptions; we watched Simka from the film Avalon come here as a refugee, reuniting with his long-lost sister; we discussed how people who are married to United States citizens can file for their spouses, and the various preference categories in the family-based green card category: spouse of citizens and green card holders, sons and daughters of U.S. citizens, children over the age of 21 who are citizens, and siblings of U.S. citizens. The family based visa immigration system is a large "tree" but one without many branches. There are only four branches or relatives that can be sponsored or peitioned for. The Visa lottery is difficult and it’s just like its sounds: a luck of the draw, similar to any other “lottery.”

A). What are the (2) two different types of visas in America (United States)? What is the difference between the type types? Is one better for immigrants than the other? Why is one type of visa similar to a pond frog on a Lilly pad?

MODEL ANSWER

The two types of visas allowing individuals to enter the U.S. lawfully are immigrant AND non-immigrant visas. Immigrant visas (or “IVs”) allow one to stay permanently in the United States (i.e, green card holder) and non-immigrant visas (or “NIVs”) are temporarily.

Immigrant visas, which are permanent (such as through family, a job, or visa lottery) commonly are referred to as "green card" holders once they arrive in the United States. They are immigrants coming to American to reside here permanently. Visas are issued outside the U.S. to allow one to enter lawfully. Non-immigrant visas are temporarily and if one stays in the U.S. past the time permitted, they suffer severe immigration law consequences. In that respect, IVs are better and they are permanent, and NIVs are not, they expire and the immigrant must return after a time period, depending on the type of NIV one enters the U.S.

As for NIVs, there are many types or categories, almost as many as in the alphabet, but the road never leads to a green card for these immigrants. In other words, the permission to stay in America is temporary and the immigrant must leave the United States before their non-immigrant visa time expires. If they overstay they violated their status and suffer severe negative immigration consequences, both if they wish to return someday to the United States (3/10 year bar for example), or if they wish to apply for another longer non-immigrant visa while they are here. They could also be deported for overstaying their non-immigrant visa. This is similar to Frog on a Lilly pad: The frog in the pond can leap from one Lilly pad to another, but the Lilly pad is slowly sinking (the NIV status) and the frog can leap from one to another (change NIV status), but the second the frog touches the water it drowns (or the water is poison!). Those who overstay their visas are considered unlawfully present and make up those considered “illegally present” in the U.S. (along those who enter illegally from the beginning).

A.) What is the Writ of Habeas Corpus? Cite examples from Daniels’ Guarding The Golden Doors, lectures, or class discussions. How was/is the “Great Writ” used to help immigrants in the United States? Why is it needed? In other words, why do immigrants in America need it or don’t they?

MODEL ANSWER

Essentially, the Writ of Habeas Corpus or the Great Writ, suspended only once during the President Lincoln administration, is a lawsuit filed on behalf of immigrants against the United States Government filed protect rights or obtain rights—asking the government to do or not to do something to help immigrants in the U.S. Daniels, says that the Writ and the decision which followed, provided the “foundation for immigration law [and] arose of struggles on the West Coast among Chinese immigrants, government officials and federal judges over the enforcement of the Chinese Exclusion laws. Though on the margins of society, Chinese in their resistance to exclusion laid claims to principles and practices, habeas corpus, due process…that were the heart of Anglo-American jurisprudence. This lawsuit protected immigrants who were subject to discrimination and other anti-immigrant laws and policies. It has had profound affected their rights, then and today. In class, we learned from class lecture the Writ of Habeas Corpus is a strong arrow in the quiver of immigrants to protect their rights, stop them from imminent deportation for example.

B.) What is the “Dualistic Attitude” towards immigrants in American society? Cite Daniels and Class discussions. What laws have we read about or discussed which restrict immigration? What groups or law makers did we read about who sought to restrict immigration and why?


MODEL ANSWER

The “Dualistic Attitude,” mentioned in Daniels’ Guarding the Golden Door, simply stated, involves loving our past yet hating our present. Our society seems to have wonderful feelings about our nation’s immigration past. Yet we fell today that our immigration system is “broken,” and often blame today’s immigrants for problems with our economy (they take away “American jobs”) for are cause for national security concerns (many feel that allowing illegal immigrants in the U.S. or lax immigration laws correlate with terrorism, for example) Others feel that some immigrants break down the social fabric and contribute to the social ills of our society. Overcrowding in schools, the welfare system, etc. The familiar phrase, “We Are A Nation of Immigrants,” for example is familiar to all, and brings to mind the romanticism we have with our immigration history. In realty, however, the obstacles that many early immigrants faced when first coming to America, whether Chinese or Irish, for example, have been severe. Past immigrants faced tremendous prejudice and discrimination in society, and the inscriptions on Statute of Liberty, for example, has been an oxymoron.

Many laws described in Daniels [any laws discriminating against early immigrants is acceptable here] were enacted simply to exclude certain immigrant groups from enjoying certain privileges enjoyed by other immigrant groups or U.S. citizens, discussing the value system of early immigrants, yet we know certain immigrant groups were discriminated against and treated unfairly. Laws and polices were passed severely limiting...(describe or cite examples from Daniels here).


Based on Rivera’s HIS PANIC,(1) define Chicano, Hispanic, and Latino.
What are the differences, according to Mr. Rivera between these terms. Why
are they relevant, according to Mr. Rivera?(2) Would the La Unica Grocery
store/restaurant be considered a Latino, Chicano or Latino establishment?(3)
Back up your answer using the definitions you just provided above.

MODEL ANSWER/OUTLINE:

(1) Any reference to Spain is acceptable for Hispanic, Latino any reference to Central and South America. For Chicano, any reference to Rivera's use of the term and Mexicans is acceptable. For La Unica, any conclusion is acceptable whether Latino or Hispanic or Chicano as long as it is backed up with logical conclusions [i.e, its Chicano because most of its cusomers are from Mexico or the owner is Mexican or former owner Cuban therefore a Latino establishment--or a combination of the two based on Rivera definition. Alternatively, you must state that it cannot be defined as it doesnt fit into Rivera's definition--but you must support your conclusion by providing the definition given by Rivera and contrast it with your own analysis].

(C) (1) What was the “family business” for the Ks in the film? (2) What ethnic
group was the family from? What country? (3) Compare other past immigrant
groups from Daniels and those today and what jobs, if any, are some
immigrants “associated with.” (4) Are there stereotypes? Is that a liability or
an asset for them, and why? Is that fair? What other immigrant groups have
had similar or different job associations? Compare other myths, realties and
implications of associating the Chinese with railroad workers, or the Irish with
saloons or law enforcement, Latino landscapers, Germans (and farming), etc.
or pick your own immigrant group. (5) What were some of the stereotypes of
yesterday’s immigrants in Avalon and today’s immigrant groups? (6) Can you
truly associate a job with a certain ethnic group? (7) Is that fair? What are
some of the implications for these immigrants, both positive and negative.

(A) In what way (1) did Avalon demonstrate how some immigrant families pooled
money together for other newly arriving family members to America?
Provide an example from the film. (2) Did that change for later arriving
family members to America? Do today’s immigrants provide financial
support or any support for other family members coming to America? In what
way? (3) What comments does Geraldo Rivera make in HIS PANIC about
immigrant families? (4) What are some similarities between his comments
about “family” and examples seen in Avalon?