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Types of Status of Non-Citizens in the US

• Lawful Permanent Residents (LPR): More commonly known as "Green Card" holders.

• Non-Immigrants with Visas: Includes tourists, international students, H1B skilled workers.

• Refugees / Asylees: Individuals granted refuge due to fear of persecution.

• Temporary Programs: Such as DACA (Deferred Action for Childhood Arrivals), TPS (Temporary Protected Status), and humanitarian parolees.

• Undocumented Individuals:

  • Via Illegal Border Crossing: Present without admission (EWI).

  • Via Overstaying or Violating Temporary Visas: Individuals remain in the U.S. past the time allowed by their visas.

  • Other undocumented classes.

Common Themes in Immigration Law

• Quality Control Restrictions: Grounds for exclusion/inadmissibility.

• Restrictive Quotas:

  • Based on ethnic origins.

  • Numerical limits on immigration based on family ties (immediate relatives) and labor needs.

Immigration Issues Today

• Trump Administration Actions:

  • Mass deportations.

  • Ending DACA and TPS designations.

  • Implementation of travel bans.

  • Restrictions on parole.

Cooperation and Reform

• State Law Enforcement Cooperation: Potential changes to H1B (visa restrictions or expansion).

• Immigration Reform Proposals:

  • Laken Riley Act.

  • Dreamer Act.

Historical Context in Immigration Law

• Concerns since 1830s: Rapid increase in emigration could jeopardize U.S. stability.

• Quality Control Restrictions were emphasized historically to manage influx.

Significant Immigration Laws and Their Impact

• 1986 Immigration Reform and Control Act (IRCA):

  • Granting amnesty to approximately 1.4 million individuals.

  • Increased border security, penalizing employers for hiring unauthorized workers.

  • Required employer verification of work authorization.

  • Anti-discrimination provisions based on national origin or citizenship.

  • Status adjustments for some agricultural workers.

• 1996 Immigration Laws:

  • Anti-terrorism and effective death penalty acts which introduced harsher grounds of inadmissibility and deportability.

  • Mandatory detentions and expedited removals.

  • New family sponsor requirements for immigration.

Post 9/11 Developments in Immigration Law

• Structure changes in immigration administration:

  • Establishment of Department of Homeland Security (DHS).

  • Creation of agencies like ICE (Immigration and Customs Enforcement).

• Legislative changes:

  • USA Patriot Act, Enhanced Border Security, and the REAL ID Act introduced tighter security measures.

  • Targeted policies against specific nationalities, especially following 9/11.

Current Immigration Problems

• Need for Reform: Addressing the status of those who have made the U.S. their home (e.g., 700,000 DACA recipients, 400,000 TPS holders, and over 11 million undocumented individuals).

• Previous Reform Efforts:

  • Obama’s failure to pass the Dream Act in 2010.

  • Biden's current proposals like the Citizenship Act and Build Back Better Act.

Legal Cases and Federal Power over Immigration

• Fong Yue Ting v. U.S. (1893):

  • Established plenary power doctrine over non-citizens in the U.S.

  • Affirmed Congressional power to deport or exclude noncitizens without needing to provide rights under the Constitution.

• Defining Rights of Non-Citizens:

  • The right to seek protection and legal processes (due process clauses).

  • Establishing limits on the government’s power to detain or deport.

Notable Supreme Court Cases regarding Non-Citizens**

• Plyler v. Doe (1982): Undocumented children cannot be denied education based on their immigration status.

• Zadvydas v. Davis (2001): Highlighted limitations on detention periods without removal.

• Immigration Court Processes:

  • Lengthy backlogs and varying outcomes (grants vs. denials).

  • Board of Immigration Appeals (BIA) authority regulated under the Attorney General's discretion.

State Discrimination Cases Motivating Federal Actions

• Takahashi v. Fish and Game Commission (1948): Affirmed that California's exclusion of lawful resident aliens from fishing lacked justification related to ownership and equal rights.

• Graham v. Richardson (1971) and similar cases that have challenged discriminatory practices based on alienage, requiring strict scrutiny under constitutional law.