Too much confusion about immigration laws all around.

OK, this is one of the more complex aspects of law and most people have no idea that some things are a lot more complex than they appear. People talk about the "dreamers" as if they were like the people in Britain who were "Windrushed".

I have no sympathy for the Dreamers, but I have a lot of sympathy for the victims of a "Windrush".

But any serious discussion of immigration law requires some explanation. This is highly simplistic, but it gives an idea of how all this works.

First principle is that only citizens of a nation have a right to enter and exit the nation freely under international law. Everybody else enters and exits a foreign nation does so under condition. It is not a right for someone to enter a foreign country: especially unlawfully.

There are two ways to get citizenship: by birth or naturalisation. Birth can work by jus soli or jus sanguinus.The United States uses jus soli, which means someone has citizenship merely by being born inside the US. It is in the Constitution (14th Amendment).

Like most countries, the United States also has jus sanguinus, which means that you can have citizenship through your parents registering your foreign birth. People can inherit citizenship depending on the other countries' laws (e.g, Italy, Ireland, The United Kingdom, etc.).

Most countries have combinations of both jus soli or jus sanguinus. Some do it in such a way so that simply being born in a country does not result in citizenship (Ireland now requires at least one parent is an Irish Citizen or resident alien for citizenship). The US can't do this without changing the Constitution to require some parental connection to the United States. That was something that made sense after emancipation of the slaves, but doesn't make sense now.

The US is one place where the laws are fairly static, for what that is worth. One cannot lose, or renounce, citizenship without some serious consequences. The people who usually lose citizenship are people who became citizens under fraudulent circumstances (e.g, war criminals).

Another thing to explain is that Asylum is regulated by International law.

Asylum is a protection granted to foreign nationals already in the United States or at the border who meet the international law definition of a “refugee.” The United Nations 1951 Convention and 1967 Protocol define a refugee as a person who is unable or unwilling to return to his or her home country, and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion.” Congress incorporated this definition into U.S. immigration law in the Refugee Act of 1980.

Asylum is an incredibly complex topic. I could easily do a very large book on the topic. The bottom line here is that not everyone qualifies as a refugee: no matter how sad their story may be. People escaping Central America's gang violence is a case in point: especially since most of those gangs were formed in the US!

Coming to the US to escape gangs in Central America makes as much sense as going to Sicily to escape the Mafia.

I'll add in that A valid passport is required for entry into most foreign countries. More than 80% of all countries in the world require a passport for entry. Some countries require foreign nationals to have a visa. Even if a passport is not required for entrance into a foreign country, it is required to re-enter the United States in most cases. Additionally, there are visa requirements for entry into the US for some foreign nationals. Not having the proper visa is another violation of immigration law.

Lack of the proper documentation as a foreigner means the person is in violation of immigration laws and unlawfully present in the country.

As I said, this is highly simplistic, but it explains the basics.

The real bottom line is that the law is the law. It doesn't matter whether one agrees with it or not. One must obey the law as is.

Or work to change it.

See also:

• 'I felt like dirt': disabled Canadian woman told to leave UK after 44 years 
• Windrush generation: Who are they and why are they facing problems?
• Windrush: How do you prove you've been living in the UK?

Windrush is not the same as the "dreamers"

First off, the "dreamers" are unlawfully present. They are fully aware that they are not legal immigrants.

Secondly, DACA stands for Deferred Action for Childhood Arrivals (and DAPA is Deferred Action for Parents of Americans and Lawful Permanent Residents) aren't really amnesties. Neither do they change the status from being unlawfully present to lawfully present.  They merely "defer" any deportation.

DACA and DAPA recipients are still unlawfully present and would need to leave the country for the required period of deportation to even consider getting legal residency under current law.

On the other hand, Windrush refers to people who were citizens of colonies or commonwealth countries. The picture of the British Empire Passports gives you a clue to the problem.  These people were under the impression that they were British Citizens, which they were up until 1971.

Wouldn't you think you were British if your passport said "British Passport"? Or said you were a "British Subject"?

First part of the changes were some of the places Windrush immigrants came from gained independence.  The Second part was The The Immigration Act 1971, which ironically was also partly passed to legally clarify the rights of Commonwealth citizens within the United Kingdom in preparation for future membership of the European Communities which the UK became a member state on 1 January 1973 which gave new automatic rights to EC member state citizens.

So, it's amusing this is coming in tandem with Brexit which is now removing the right of residency for EU member state citizens.  Anyway...

A closer analogy for people in the US would be an overzealous ICE (Immigration and Customs Enforcement) going after people who were from Puerto Rico, Guam, Northern Mariana Islands, and US Virgin Islands since those are territories, not states. The Philippines, Micronesia, the Marshall Islands and Palau are former territories which gained independence from the US. People from American Samoa can visit the US without a visa, but they need to go through the naturalisation process to become citizens.

Windrush vs. the "Dreamers".

OK, we are told about a group of people who came to a country for a better life, but are having problems with their immigration status.

Who do you feel sorry for: the people who didn't do it legally?

or

The people who were legal immigrants, who were actually invited to build a war torn nation, yet now find the legality of their immigration status in question?

Personally, I go with the second group, which is a discussion of the Windrush Generation. Given the Windrush crowd is pretty much black and from the Caribbean (although I do know of people from the Subcontinent who were invited under similar circumstances). Windrush refers to:

Those arriving in the UK between 1948 and 1971 from Caribbean countries have been labelled the Windrush generation.
This is a reference to the ship MV Empire Windrush, which arrived at Tilbury Docks, Essex, on 22 June 1948, bringing workers from Jamaica, Trinidad and Tobago and other islands, as a response to post-war labour shortages in the UK.
The ship carried 492 passengers - many of them children.

Since they were Commonwealth Citizens, they had a right of residency in the UK. The Windrush generation were legal, even if they were the subjects of racism. That is a big difference from the DAPA/DACA crowd who arrived illegally and have been looking over their shoulder from the start.

Get the picture?

Although, there is some debate about their legality, but they were colonial citizens. This is a summary of the problem:

The Home Office did not keep a record of those granted leave to remain or issue any paperwork confirming it - meaning it is difficult for Windrush arrivals to prove they are in the UK legally.
And in 2010, landing cards belonging to Windrush migrants were destroyed by the Home Office.
Because they came from British colonies that had not achieved independence, they believed they were British citizens.

Add into this mess the fact that many Windrush migrants who have had their legal status called into question have been in the UK for decades, often paying taxes and making pension contributions. Windrush migrants must prove they have been in the UK continually since 1 January 1973, when they were granted the right to stay in the country permanently. Anyone who has left the country for more than two years loses their right to remain. The Home Office did not keep records of the people to whom it granted indefinite leave to remain in the 1970s. Some stayed but did not apply for British citizenship meaning there is no official record of their legal status. People must apply for an official stamp known as No Time Limit (NTL), at a cost of £229 to have this official recognition for their right of abode in the UK.


I see a few differences here between people who are called "Dreamers" and the Windrush crowd. First off, Windrush had a legal status and were invited to live in the UK. Second off, the Windrush crowd was living as legal citizens. Thirdly, their situation is primarily one of bureaucratic malfeasance, which isn't just attributable to the Tories since it was a Labour government that destroyed the landing cards.

That is quite a difference between the "dreamers" whose entry was not legal and their status is that of being unlawfully present in the US. The dreamers have had the threat of deportation hanging over their head from the start based upon their being unlawfully present. There are legal remedies for the "dreamers", but they entail leaving the United States and going to the back of the line.

Tough shit, they should have paid an immigration lawyer less than they paid their coyote to get them into the US. Toss in we are talking human trafficking if there were indeed coyotes involved.

Bottom line, I am not a fan of amnesties. People can work to make the laws more favourable toward immigration if they have an issue with unlawfully present people getting proper immigration status. On the other hand, I have much more sympathies for people like the Windrush Generation, or the people whose residency will be put in the air by Brexit than I do with people who try to skirt immigration law sas the "dreamers" have done.

Don't do the crime if you can't do the time.

See also:

• 'I felt like dirt': disabled Canadian woman told to leave UK after 44 years 
• Windrush generation: Who are they and why are they facing problems?
• Windrush: How do you prove you've been living in the UK?

What about the parents?

DACA is Deferred Action for CHILDHOOD Arrivals, which makes me wonder what about the parents?

Seriously.

First off, the parents of these kids are the ones responsible for the kids' lack of proper immigration status, but more importantly what is the status of the parents?  I think it might be safe to assume that the parents are also unlawfully present in the US.

Let's toss in that these caring parents have chosen a path which could lead to the children being deported and barred for anywhere from five, ten, or 20 years, and in some cases, ever being able to return to the U.S. at all. Not to mention that is could mean NEVER becoming a US citizen.

Why isn't that being discussed?

So, we are supposed to feel sorry for these poor children who came here unlawfully because mommy and daddy weren't willing to obey the rules.  The kiddies are being snatched from a nation where they don't have a legal right to be (immigration is a privilege, not a right).

And families are being broken apart.

What?????

But if the parents are being deported, shouldn't the children as well?

Anyway, I would rather have someone like Abdi Iftin or a few hundred thousand Rohinga Muslims who are willing to follow the rules enter the country than allow someone who should be barred from citizenship according to US law to be fast tracked into citizenship,

So long, and thanks for all the money.

OK, I knew that one of the anti-DACA talking points was BS: that unlawfully present people do not pay taxes.

They do using something called an Individual Tax Identification Number (ITIN). The ITIN is a tax processing number issued by the Internal Revenue Service (IRS) to ensure that people, including unauthorized immigrants, pay taxes even if they do not have a Social Security number and regardless of their immigration status.

The ITIN doesn't grant any sort of immigration status, but many immigrants have them. 

The ITIN is a nine-digit number that always begins with the number 9 and has a 7 or 8 in the fourth digit, for example 9XX-7X-XXXX. It seems to be it would be obvious if someone is trying to work without proper authorisation to the immigration authorities doing a record check.

A lot of countries levy a fine against people who are unlawfully present.  Any funds paid should be considered a penalty for failing to properly comply with immigration status.

So long, and thanks for all the money.

 See also:
 The Facts About the Individual Tax Identification Number (ITIN)

More DACA Bullshit.

As I said in my last post, I am not anti-Immigrant and I believe in free movement, but one needs to follow the rules. I don't give a shit where the unlawfully present immigrant comes from--they are not present with legal authorisation, they should expect the consequences.

Next. The rule of law means that the law applies to EVERYBODY EQUALLY.  Somebody breaks the law, they should expect the consequences.

Secondly, unless you are a citizen: entering and exiting a nation is not a right, it is a privilege.

The admission of aliens to this country is not a right, but a privilege, which is granted only upon such terms as the United States prescribes.  338 U. S. 542.

I don't get where the fuck people who are not US nationals (or the nationals of any other country) think they somehow they have a right to be in a country where they are not citizens.  The BREXIT thing is showing that the right to free movement can be lost by non-citizens who had a right to free movement.

So, I really don't get people who are unlawfully present somehow believing they have an entitlement to remain in a nation.  Pretty much all the nations in the world will deport: some impose criminal penalties before deportation.

And don't get me into the Palestinian situation (short form: I think people should STFU about supporting US illegals until they step up to the plate and support Palestinian right of return).

So, unless you are a citizen of a country--don't expect to have a right to reside in that country.

The US has been pretty nice to its unlawfully present aliens, but it looks as if the undocumented are now getting a nasty surprise. 

The dream was actually a nightmare.

I don't get DACA and its supporters.

OK, lets start with the silly "people can't be illegal" argument.

It's not the people who are "illegal"--it's their lack of proper immigration status (i.e., tourist, resident alien, or what I am going to call "citizen candidate") that is illegal.

Sorry, I am all for immigration and free movement, but fuck you if you aren't going to live by the rules.  You took your chances, you live with the consequences.

Some illegals pay people smugglers as much if not way more than they would pay a good immigration lawyer. Really fuck them. And I say that for a lot of reasons. The people smugglers are serious criminals.

There are more than enough people out there who are willing to follow the rules, no matter how difficult, to immigrate that I don't have a lot of sympathy for people who want to bypass the system.  As I said above, You took your chances, you live with the consequences.

Deferred Action for Childhood Arrivals (“DACA”) doesn't grant any real immigration status, it just defers the deportation status.  These people could be, and now are, being threatened with, or possibly, deported.

The worst part about DACA is that children are being used as pawn in the debate. One trick in propaganda is to use emotions. And what tugs on your heartstrings more than some poor little kiddie whose parents brought him to another country in violation of the law, but has somehow assimilated enough so that returning to their native land would be a "hardship".

They have gone on to:

"Did you know this about DACA recipients: 95% are working, in college or have joined our military, 48% got a job with better working conditions, 90% got a driver’s license or state ID and 12% were even able to buy a first home."

"Joined our military"--that sends bells ringing in my head since the US Military is SUPPOSED to check immigration status--and DACA recipients AREN'T US CITIZENS, they aren't even on a path to citizenship!

I know of at least one case where a woman "self-deported" because she couldn't get federal college funds.

Something stinks about all the pro-DACA reporting, but I can't really put my finger on it.  I think Breitbart did, but unfortunately they are considered unreliable.  I would need some sort of unbiased verification of that story to really cite to it.  My personal inclination is to think Breitbart is onto something.

The problem is that this seems to be a big smoke screen to me for a lot of other things related to immigration policy.  The usual hard questions where the debate is being done in the dark because people are being lied to.

See also
Open Borders: Human Smuggling Fees.
DACA (Deferred Action for Childhood Arrivals) - Immigration Equality
Raised in America, now back in Mexico: 'The country I loved kicked me out'
Billionaires Petition for Cheaper Workers, DACA Amnesty - Breitbart

Brexit v DACA

EU citizens have a Fundamental RIGHT to free movement between member nations.[1] Prior to Brexit, a citizen of Holland could live in the UK or a Citizen of the UK could live in Belgium. You would still have to comply with local registration laws (e.g., Belgium), but they couldn't deport an EU citizen.

Brexit changed that and removed a right guaranteed by Treaties.

With Deferred Action for Childhood Arrivals, DACA, the people in question are "unlawfully present", which means they are non-compliant with immigration procedures. Deferred action:

is a discretionary, limited immigration benefit by DHS. It can be granted to individuals who are in removal proceedings, who have final orders of removal, or who have never been in removal proceedings. Individuals who have deferred action status can apply for employment authorization and are in the U.S. under color of law. However, there is no direct path from deferred action to lawful permanent residence or to citizenship.  And, it can be revoked at any time.

Deferred action doesn't really grant any right or permanent residency status.  In other words, people were still in danger of deportation under DACA. 

I want to add that most nations will deport a non-citizen who is not compliant with immigration procedures.

Deportation in and of itself can create consequences for international travel/movement.
But, there is a big difference between having a right to reside in a nation taken away from you and being deported because you DO NOT HAVE a right to be in the nation.

While it may create a sad tale, most nations do not show the same consideration the US has in trying to normalise people who have been "unlawfully present". There is no right for people to be unlawfully present to become citizens.

It is not racism, it is international law.

Footnotes:
[1] Article 3(2) of the Treaty on European Union (TEU); Article 21 of the Treaty on the Functioning of the European Union (TFEU); Titles IV and V TFEU; Article 45 of the Charter of Fundamental Rights of the European Union.