CLASS RECAP AND SUMMARY FOR TUESDAY SEPTEMBER 9, 2009

I. Conclusion of Avalon and discussion.
II. Midterm Review
III. The Documtary Patriot Acts, getting "Tossed-Out" of America and the NSEERS "Special Registration" Progam.

MIDTERM REVIEW

You will have the entire period to answer the exam.

The midterm exam will consist of 2-3 questions to answer. You will have the option of choosing from two questions in separate sets.

During the semester, we first discussed that there really is not common sensical—even rational, way to answer the question, “Why are the immigration laws and policy made that way?” Unlike criminal law and policy, for example, where you have generations of precedent, common sense foundations for the way things are done a certain way for example, immigration law and policy is a creature of what?

Politics and economics.

-We also discussed the three reasons why one comes to America? What are they? People come to America for one of 3 reasons or a combination of them:
(1) Generally, to reunite themselves with family members; for financial reasons, or
(3) because they fear persecution in their home country or are stateless and are persona non grata (not wanted). Or a combination of all three.

--that being said, procedurally speaking, generally there are FOUR (4) ways, with a few exceptions that we have discussed in class, that one can come to the United States permanently. Can anyone tell me what they are?? These are called VISAS, or IVs for short:

(1) via Job sponsor;
(2) via Family Sponsor:
(3) via Political Asylum;
(4) via The Visa lottery;

• What are the elements for a job sponsor?
• What are the elements for a family sponsor?
• What is political asylum How can one stay in America permanently thru political asylum?
• What is the visa lottery system?

Most people come to American via the family-based green card method. Job sponsor is second in line.

-We also discussed the temporary ways to come to America legally? Those are called NIVs or NON-immigrant visas.
--There are temporary in nature and the road never leads to a green card. How many visas are there?
--Since they all begin with the first letter of the Alphabet, how many NIVs can there possible be then? 26 (or so--for the purposes of this course).
--So there’s approximately 26 nonimmigrant visas (or so) in the US! We also discussed the Frog and the Lilly Pad example and how the NIV visa system is very similar to that.
We Also covered some of the “THE EXCEPTIONS” the generally (4) ways of coming to America permanently: Amnesty Programs and Cancellation of Removal. Please know what each of these two are be able to provide an example of each.

(Victor C., my case in Florida, or any example in Daniels)

-We discussed that people from all over the world come there through these ways. But we also discussed that some people don’t come here with the express invitation and consent of the US government. They come here illegally. Or they overstay their visas and become "illegal" or "unlawfully present". And then there are those who are not citizens in the US, and commit certain crimes here. Some already have lawful status here (such as "green card" holders or lawful permanent residents ("LPRs").

-There are various bureaus within the US Department of Justice which oversee all of these different types of ways people come to America, their benefits and enforcement of the immigration laws here. And what is the Department's name that handles all of this? The "DHS" or Department of Homeland Security.

-The DHS was created as a direct result of the events occurring soon after 9/11, where for the first name, IMMIGRATION and TERRORISM were seen really for the first time, as causally connected, whether true or untrue.

-What are the DHS Branches?

-USCIS;
-ICE;
-CBP; (Customs and Border Patrol)

-You may also be given a hypothetical fact pattern question on the exam, possibly on current controversial issue like heathcare reform and immigration. Well-known, contemporary individuals who seem very much like historical figures cited in Daniels may appear in your fact pattern (i.e., "modern-day nativists"). Be prepared to compare them with those discussed in Daniels' Guarding the Golden Door...

We discussed that like the debate between O’Reilly and Geraldo Rivera, many issues may get distorted or clouded. Despite heated, often emotional debates over immigration, it is important to parse through irrelevant issues, often red hearings, and reach a conclusion that is supported in existing law and policy. The law and policy that we have discussed this semester. So if you are asked about an undocumented person who needs healthcare, for example, you know that we have discussed that Heathcare reform proposals do not include "illegal" aliens—so remember that this would certainly not be a relevant point if asked whether health care would affect undocumented persons in the US or not. You may optionally used the “IRAC” method of answering the question for any fact pattern question you see on the exam.

As for Patriot Acts, the material on NSEERS will be covered, but not the information on Enes Hadzovic anything mentioned in the syllabus but not discussed in class or on the blogspot. Know what it is and the lessons we have learned from this unfortuate page in our immigration history and our "war on terror" Know all chapters GUARDING THE GOLDEN DOOR, and HIS PANIC, expecially topics discussed in class from assigned in the syllabus.

OK. Good luck with your preparations and Ill see you next week. If you have any questions, please email me.

--Christopher Helt, Esq.