Citizenship- What Does it Mean to be a U.S. Citizen?

Naturalization and Denaturalization

• Read: Textbook Chapter 9, Sections 9.01 and 9.01, Pages 891-904. Read also part of Section 9.05, Pages 924-931. This Chapter is also posted on the course Blackboard site in case you are waiting for your text book to be delivered.

• Read “Citizenship by Drive-Thru? Immigrants Now Take Oath Without Leaving Car” by Tresa Baldas, Detroit Free Press, June 2020 https://www.freep.com/story/news/local/michigan/detroit/2020/06/18/immigrants-becoming-citizens-via-drive-thru-ceremonies/3204027001/

• Watch: “Out of Many, One” by Nanfu Wang, available on Netflix* https://www.netflix.com/title/81010212 (34 minutes).

• Do: Take part of an online practice Citizenship Test (20 questions) https://my.uscis.gov/en/prep/test/civics/view

We will continue our journey of immigration law by looking at a goal for many immigrants to the United States- citizenship. We will explore the process of becoming a U.S. citizen, requirements, and “pros” and “cons” for immigrants considering naturalization. When does the Department of Justice have the power to file a denaturalization suit against a naturalized U.S. citizen?

*If you do not have access to a Netflix account, Netflix offers free 30-day trials. Please note that we have one more film to watch on Netflix this semester (see Class 9, September 24).

Preemption Debates and Sanctuary Cities

• Read: Textbook pages 70-123. The reading includes the cases mentioned below:

o Chamber of Commerce v. Whiting

o U.S. v. Arizona [S.B. 1070 Arizona’s expansion into immigration controls.]

o City and County of San Francisco v. Sessions

• Carefully read both the statute and the regulations. INA §§ 274A, 274B, 274C. The regulations are found at: 8 C.F.R. § 274a.1.

• Watch: "How Sanctuary Cities Actually Work” By Vox https://www.youtube.com/watch?v=XaR5kR8h4es (6 minutes)

Laws and policies at the state and local level impact the social, economic, and legal conditions of the lives of immigrants in profound ways. Such impacts include both access to health services as well as employment, housing, education, transportation. Counties and cities throughout the United States range widely from being hostile to or welcoming of immigrants (both documented and undocumented). On the more welcoming end of the spectrum are what are often referred to as “sanctuary cities,” which limit cooperation with federal immigration law enforcement, beyond prosecuting violations of state and local criminal laws. We will explore sanctuary cities and preemption in our live class.

Do: Problem 1-4, Where Do We Stand? Page 71.

Where is the United States? What is The Border?
American Imperialism: Past and Present

• Read: Empire of Borders by Todd Miller, Introduction and Chapter 1 (on Blackboard)

• Read: Refuge Beyond Reach by David Scott FitzGerald, Chapters 4 and 5 (on Blackboard)

Finding the Dividing Lines: Rights and Procedures at the Border

• Read: Textbook pages 125 to 154. The text will direct you to read INA § 235(b) but it is also essential that you read the regulations that interpret this section—8 C.F.R. § 235.

• Read: Readings concerning expulsions at the Southern Border under Title 42 (to be posted).

• Review: Key Statutes and Regulations:

o INA § 235; 8 U.S.C. § 1225 (expedited removal)

o INA § 212(a); 8 U.S.C. §1182(a) (grounds of inadmissibility)

o INA § 237; 8 U.S.C. § 1227 (regular removal)

o INA § 242; 8 U.S.C. § 1252 (judicial review)

After each problem, you will see a list of “Essential Materials” you will see itemized statutes and regulations. Be sure and read those materials carefully. The text introduces the three problems in these pages and asks you to evaluate the legal process from the point of view of the federal agent and using the statutes and regulations. Later we will examine the same problems by adding the constitutional law dimensions. Take a moment to read over INA § 240. This section describes the regular removal procedure.

How is removal under § 240 different than expedited removal under § 235?

Do:

• Problem 2-1, Joseph Brown and Debbie Brown, Page 135.

• Problem 2-2, Pierre Abdullah, Page 145.

Expedited Removal and the Asylum Seeker

• Read: Textbook, pages 154-183.

o Innovation Law Lab v. Nielsen

o Reminder to review 8 C.F.R. § 235

• Read/Interact: “Where Will You End Up” by Kate Morrissey, Lauryn Schroeder, Ruby Gaviola, Michelle Guerrero, and Celina Tebor, The San Diego Union-Tribune, August 23, 2020 , https://www.sandiegouniontribune.com/news/immigration/story/2020-08-23/asylum-system-interactive-experience

• Watch: FOLD: Golden Venture Paper Sculptures https://vimeo.com/279493213 This twenty-two (22) minute video was produced by the Museum of Chinese in America (MOCA) for the exhibition FOLD: Golden Venture Paper Sculptures as a way to provide additional context about the US immigration system and its control practices, with an emphasis on the immigration detention system. On June 6, 1993, the Golden Venture ran aground near Rockaway Beach, Queens, NY. The cargo ship’s passengers, nearly 300 migrants primarily from Fujian Province, China, were being smuggled into America by a Chinese crime syndicate. Their arduous, three-month journey went from Bangkok to Kenya, and around Africa, before arriving in the US. After ten passengers drowned and some escaped, the remaining men and women were apprehended by Immigration and Naturalization Service, and either deported or confined to immigrant detention facilities. While the asylum-seekers waited for uncertain legal outcomes in York Country Prison, Pennsylvania, they began creating paper sculptures employing the traditional Chinese folk art of paper folding known as zhezhi. As more men began this practice, the sculptures were given to pro-bono attorneys to express their gratitude

Do:

• Problem 2-3-1, Marta Hapta-Selassie and Her Minor Children, Page 154

• Problem 2-3-2, Martiza Xec-Oxlaj and Her Daughter Selena Morales-Xec, Page 158

• Problem 2-3-3 Yovilli Gomez-Mejia and Jorge Rodrigo-Mejia, Page 165

The Border Inside the United States
Crossing into the Interior?

• Read: Textbook pages 242-245

Is the expansion of expedited removal into the interior of the U.S. constitutional?

How might a person subjected to expedited removal obtain federal court jurisdiction to challenge the constitutionality of the removal process?

Rights within the U.S. Territory?
Who is targeted for enforcement?

• Read: “Denied, Disappeared, Deported: The Toll of ICE Operations at New York Courts in 2019,” Immigrant Defense Project, January 2020 https://www.immigrantdefenseproject.org/wp-content/uploads/Denied-Disappeared-Deported-FINAL.pdf This report focuses on ICE Operations at New York State Courthouses.

• Watch: La Santa Cecilia|Ice El Hielo,https://www.youtube.com/watch?v=0lNJviuYUEQ

• Watch: Immigration Nation, Episode One: “Installing Fear” (on Netflix) by Christina Clusiau and Shaul Schwarz. Think about the 4^th Amendment. Are the enforcement operations in “Installing Fear” inline with the 4^th Amendment? Or are the not?

Non-immigrant Visas and Maintaining Status in the United States

• Read : Textbook pages 267-390. This is a long reading assignment but some material is descriptive. It is critical to review the statutory sections noted in the text. Most of the regulations are found in 8 C.F.R. § 214.2.

Do:

• Problem 3-1, Manuel Hayek, Page 301.

• Problem 3-2, Edgar Smith and Sherry Kit, Page 317.

• Problem 3-3, Alejandra Martinez and her spouse, José, Page 364

Non-immigrant Visas continued

• Read: Textbook pages 390-423

Do: Problem 3-6, Luis Marini, pg. 402

In these classes exploring non-immigrant visas, the goal is to read the problem and then use the descriptive material in the text and the definitional materials in the statutes and regulations to begin to form a strategy for each individual to obtain the right to temporarily live and potentially to work in the United States. Reflect on the non-immigrant categories by skimming over INA § 101(a)(15). Do you think these categories adequately cover the needs of U.S. business?

We will be joined by a guest speaker, Tafiya Khan. She is an NYLS alumna who works at CoveyLaw and specializes in immigration and entertainment law. She and will speak to us about her work with obtaining visas for and counseling artists, musicians, and entertainers, as well as the current challenges in her industry. Read more about Ms. Khan here https://www.covey.law/tafiya-khan/

What’s Love Got to Do with It?

Immigrant Visas continued. Who is a Spouse?

• Read: Textbook Pages 457-478, United States v. Orellana-Blanco

• Read: “Do You Take This Immigrant?” by Nina Bernstein, NYTimes, June 2010, https://www.nytimes.com/2010/06/13/nyregion/13fraud.html

• Watch: Preview of “Green Card,” a 1990 film featuring a couple who gets married in order for the non-citizen spouse to obtain his “green card.” This a popular theme in many movies. How many potential issues for proving their “good faith marriage” can you spot in this clip? https://www.youtube.com/watch?v=f_UIOta5WRs (4 min 37 sec)

• Read: Identifying Humanitarian Forms of Relief for Derivatives: VAWA Self-Petitioners,” by Veronica Garcia, Immigrant Legal Resource Center (ILRC), March 2020 https://www.ilrc.org/sites/default/files/resources/vawa_derivatives_final_formatted.pdf

• Read/View: “Immigrant Power and Control Wheel” by the National Center Domestic and Sexual Violence, https://www.familyjusticecenter.org/wp-content/uploads/2017/10/Immigrant-Power-_-Control-Wheel-Domestic-Abuse-Intervention-Project.pdf

Do: Problem 4-1, Celia and Anthony Nimba, Page 457

Problem 4-2, Maria Lopez, Page 472

Employment-Based Visa Categories

• Read: Textbook, pages 479-506

How would you describe the labor certification requirement found in INA § 212(a)(5)? Why is the requirement found in a statute that describes people who are inadmissible to the United States? Can you see ways that the strategy used in the earlier selection of a nonimmigrant visa impacted the strategy that might later be used for an immigrant visa?

We will be joined by a guest speaker, Leo Guerra. He is an NYLS alumnus who works at Fragomen and specializes in business immigration law. He will speak to us about his work with his clients, focusing on PERM/Labor Certifications and EB-5 Investor Visas. He will also address the current challenges in his industry. Read more about Mr. Guerra here https://www.fragomen.com/people/leopoldo-guerra

Do: Problem 4-4, Manuel Hayek, Page 489

Reflection Prompt for our discussion on the immigration system: Who is missing? Is our current quota system adequate? Inadequate? What would you expand? Would you eliminate some categories?

Diversity Visa Lottery

• Read: “The Visa Lottery Wins America Goodwill. Ending it is a Mistake” by Carly Goodman, The Washington Post, November 2017 (on Blackboard)

• Listen: “Abdi and the Golden Ticket,” This American Life, July 2015, (61 min.) https://www.thisamericanlife.org/560/abdi-and-the-golden-ticket

• Read: Updates on the Diversity Visa Lottery (to be posted)

Immigrant Visa Processing or Adjustment of Status

• Read: Textbook pages 506-524. In re Areguillin

• Read: Additional readings on the new public charge rule (to be posted)

While it may seem like a simple statutory procedure, the ability to adjust status within the United States is critical to the transition to permanent residence for many people. This class will focus on a comparison of adjustment of status governed by INA § 245 and overseas visa processing.

Do: Problem 4-8, Anthony Nimba and Celia Gutierrez-Nimba, Page 512.

Inadmissibility: In Every Context

When do the grounds of inadmissibility arise? An overview.

- Read: Textbook pages 527- to 561. This reading includes the following cases:

o Kleindienst v. Mandel

o Trump v. Hawaii

o When do the grounds of inadmissibility arise? Overview.

- Watch: Video (to be posted)

Do: Problems 5-1, 5-1.2, 5-1.3, Status and Visa Violators, Page 554.

Problem 5-2, Fraud and Misrepresentation, Page 559.

Inadmissibility continued

- Read: Textbook pages 562-577, In re Hranka

This material explores the intersection of criminal conduct and inadmissibility. The readings also explore important waivers. INA § 212 is a very complex statute. In some sections the waiver will be articulated immediately following the ground of inadmissibility and for other grounds there may be no waivers available. Moreover, toward the end of this statutory section, Congress has provided some additional possible waivers. Be sure you take the time to evaluate the basic statutory criteria

- Watch: Video on Crimes and Immigration by Professor Maureen Sweeney:

o Categorical and the Modified Categorical Analysis https://www.youtube.com/watch?v=eDA-wVIedT0 (5:48 minutes) and https://www.youtube.com/watch?v=eAr6Fc0zhK8 (7:37)

Do: Problem 5-3, Criminal Past, Page 562

Problem 5-4, Exploring Waivers for Criminal Grounds, Page 575

Inadmissibility and Deportability Intertwined

- Read Textbook pages 577-596; 599-611, Vartelas v. Holder, In re Arrabally and Yerrabelly

Why do you think Congress created a statutory ground that allows removal for any individual who was inadmissible at entry [INA § 237(a)(1)]?

Do: Problem 5-5, How Inadmissibility Can Lead to Removal, Page 578 and Problem 6-1, Pages 607. [These problems are related and we will address them together]

Immigration Removal Proceedings

- Read: Textbook pages 677-690.

- Read: Additional Readings (to be posted)

During this class session we will be joined by Immigration Judge Dorothy Harbeck, Secretary/Treasurer of the National Association of Immigration Judges (NAIJ). Judge Harbeck will speak to us about the Immigration Court as well as the Immigration Judge’s Union. You can find out more information about the union here: https://www.naij-usa.org/

Chapter 6, Criminal Grounds of Deportability

- Read: Textbook Pages 650-676

o Kawashima v. Holder

o In Re Lozada

o Padilla v. Kentucky

- Watch: “Statutory Interpretation in Immigration Law” by Professors Stephen Manning and Juliet Stumpf, (13 minutes) https://vimeo.com/85133428

Do: Problem 6-5, Page 650

Problem 6-5 Revisited: After Conviction, Page 666.

Relief from Removal continued

Special Immigrant Juvenile Status, Deferred Action and Prosecutorial Discretion

Temporary Protected Status, DACA, U and T Non-Immigrant Status

- Read: Textbook pages 782- 812; 415-424

- Read: Banned: Immigration Enforcement in the Time of Trump by Shoba Sivaprasad Wadhia, Chapter 4, “Deporting Dreamers” (posted to Blackboard)

- Read: Articles on most recent updates to DACA

Immigrant Legal Resource Center "DACA Frequently Asked Questions," 09/2020

USCIS August 2020 DACA Policy Memo

- Watch: [OPTIONAL} Video from Spring 2020 walking you through various forms of relief from removal. We will go through these different forms of immigration relief rather quickly in class, so this video might be helpful to watch before class to familiarize yourself even more with what we will be discussing.

Do: Problem 3-9, The Maid Who Saw and Felt Too Much: Carmen Caragay, Page 423

Problem 7-2, Carmen’s Journey, pg. 792

Chapter 8, Asylum and Relief for People Seeking Refuge continued

- Read: Textbook pages 828-874. This reading covers the following cases:

o INS v. Elias-Zacarias

o In re Chang

o Matter of Kasinga

o INS v. Elias-Zacarias

o In re J-Y-C

o In re S-M-J

- Read: “The Asylum Seeker,” by Suketu Mehta, The New Yorker, June 2011, https://www.newyorker.com/magazine/2011/08/01/the-asylum-seeker

- Watch: “Tea’s Coffee: The Black Immigrant Experience”, featuring an asylum-seeker from Cameroon (4 min 30 sec) https://immigrantfood.com/teas-coffee-the-black-immigrant-experience/

Do: Problem 8-2: Credibility and the Role of the Government Attorney, page 862.

Chapter 8, Asylum and Relief for People Seeking Protection continued

Restrictions on Asylum and Withholding; Convention Against Torture; Procedural Issues

- Read: Textbook pages 874-888, In re Negusie

- Read: Additional case on the Convention Against Torture (To Be Posted)

- Watch: this clip from the film “Well Founded Fear,” which features Huang Xiang, a poet and calligrapher from China who sought asylum in the United States in 1997 after being jailed and tortured for his work. We will discuss his eligibility for asylum, withholding of removal, and protection under the Convention Against Torture during our class session. https://www.youtube.com/watch?v=agNVXzvT1CA

We will finish outstanding topics and review materials from the semester. We will also reflect on our questions from the beginning of the semester, as we seek to identify areas in need of immediate review in the U.S. immigration system and brainstorm ideas for structural transformation.