5.4 USCIS & ICE

WHO? US Citizenship and Immigration Services and Immigration and Customs Enforcement.

WHAT? Facilitate legal immigration, and deport illegal immigrants.

WHEN? The US has placed restrictions on immigrations since the 1880s.

WHERE? US restrictions generally apply to immigrants from all countries.

WHY? To remain a nation of immigrants while limiting exposure to criminal elements.

We are a nation of immigrants. And unless you are a member of one of the 573 Federally recognized Indian Nations, your ancestors came here from somewhere else. America encouraged relatively free and open immigration during the 18th and 19th centuries. Under the 1802 Naturalization Act, any court of record could grant what was called “naturalized” citizenship. It wasn’t until the number of immigrants rose in the 1880s and economic conditions in some areas worsened that Congress began to pass legislation limiting immigration. The 1906 Basic Naturalization Act withdrew citizenship authority from the States and invested it in Federal courts. A new Naturalization Service was created to oversee the process and prevent fraud. In 1933, the former Naturalization Service became the Immigration and Naturalization Service, and so it remained until 2002 when its failures on 9/11 resulted in its reorganization under DHS. INS had two missions: 1) facilitate legal immigration, and 2) deport illegal immigrants. These were split between the US Citizenship and Immigration Services and Immigrations and Customs Enforcement. Immigration to the US peaked in the early 20th century. In 1910, foreign-born residents made up 14.8% of the population. Immigration then declined because of limits placed by the Immigration Acts of 1921 and 1924. Levels fell further during the Great Depression and World War II. In 1952 Congress passed the Immigration and Nationality Act, the basis of today’s immigration laws. It contains the provisions detailing requirements for admission and eligibility for US citizenship. The INA facilitates immigration into the US based upon national interests. Currently, these favor family reunification, labor market contribution, humanitarian assistance, and country-of-origin diversity. Immigration began to rise again after World War II. It spiked in the 1980s when caps were lifted on refugees, and the 1986 Immigration Reform and Control Act naturalized 2.1 million illegal immigrants. Immigration today has reached annual levels comparable to the early 20th century. The number of foreign-born residents is at its highest level, reaching 42.4 million, up to 13.3% of the US population. The Immigration Act of 1990 set a limit of 675,000 new immigrants each year. This limit is often exceeded because the INA allows exceptions for relatives of US citizens and those seeking asylum. Immigration is not the same as becoming a US citizen. They are separate processes. You can only apply for US citizenship after you are admitted as a Legal Permanent Resident. To qualify for citizenship, you must be at least 18, legally lived in the US five years, committed no crimes, have a green card, speak, read, and write English, and pass a US history and government exam. If you meet these qualifications, then you can file a USCIS Form N-400. The application costs $640. You will also have to pay an $85 biometrics fee to cover the cost of fingerprinting and running a background check. After these are done, you will be interviewed by a USCIS officer who will confirm your answers on your application, and test your knowledge of English and US civics. If you pass, you will be granted US citizenship. Citizenship will be conferred at a public ceremony where you will swear an oath of allegiance and receive your naturalization certificate. Congratulations! Again, easier said than done. It is not easy becoming a legal immigrant, and it can take up to a year to complete the citizenship process. And if you fail, you may not apply again! No wonder an estimated 11.3 million people live in the US illegally. Illegal residents may be arrested and turned over to ICE. If they have a criminal record or are determined to be a security risk, they may be detained at one of 106 ICE detention centers. If they are not a risk, they may be released and ordered to appear in Immigration Court. Illegal residents have a right to an Immigration Hearing. Judges may grant legal residence to those demonstrating persecution, a long history of living in the US, or having a US spouse or relative. Subjects have the right to appeal a negative ruling, and remain in the US until the appeal is done. If at the end they are denied residence, ICE must arrange for their flight home and eventual repatriation. Formal removals can take months, during which time the subject, if not detained, may choose to flee into hiding. Despite these difficulties, removals grew from 30,039 in 1990 to 462,463 in 2015.