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Why can’t immigrants apply for citizenship? A reflection shared with AMMPARO

I see that the focus is on the limited and highly restricted avenues for applying. That’s a powerful indictment of our “system” and will be revealing to many who believe it’s a much more straightforward process than it actually is, or who think the rules from decades ago, like marry a citizen and become a citizen automatically, still apply. I wish the section on applying for adult family members had also mentioned that the wait time can approach three decades, and the sponsoring family member must still be alive when approval is finally granted. Rosa and I thought about sponsoring her son, Armando. At the time, I was almost 60. What were the odds I’d still be alive at 90, or that he’d want to come to the U.S. for the first time when he was 64?

 

Another part of the “why” is the sheer number of ways to apply, each with its own stupefying set of criteria around who can and can’t use that avenue, documentation required, etc. I recently attended a seminar on immigration put on by CLINIC. I had some idea going in about the complexity of picking the right avenue and what the ramifications of each option might be, but I quickly learned it’s a lot worse. For example, someone who crossed the border at an immigration checkpoint and wasn’t asked to show a passport or visa actually entered the country legally. That one sticks with me, but even with extensive notes, I couldn’t correctly answer half the questions they posed about hypothetical scenarios.

 

In any case, I think finding the “right way” to apply is less than half the mental and emotional battle. An understanding of what likely comes next could, and maybe should, be a bigger factor in an immigrant’s decision about whether to try to apply the “right way.”

 

One factor is the fear of being “in the system.” Undocumented immigrants living and working in the U.S. are, to varying extents and at times entirely, unknown to “the system.” These immigrants may believe the risk of being deported, including being banned from returning for as long as the rest of their life, goes up if the system knows too much about them. In my ESL class, I have students who won’t get the COVID vaccine, not because they’re anti-vaxxers, but for fear of being “in the system.” An undocumented immigrant who’s been here without incident for many years makes a strong case with family members and friends for choosing to remain undocumented.

 

Another factor has to be cost. I know you know, but application fees are steep and the odds of success go way down without a lawyer. We tried to apply for a lifting of restrictions on our own and were denied (after over 6 months in process). When a lawyer got involved, however, Rosa was magically and quickly approved, despite minimal changes to the application itself (some folks in our congregation wrote letters attesting to our relationship and another member notarized them). Our lawyer told us he had no idea why we were rejected based on what we had originally submitted. His theory was just that someone at USCIS had a bad day. I think there’s more to it than just having a bad day. The process and rules for approving changes in status are secret and aren’t required to be applied uniformly across all applications. It also wouldn’t surprise me if agents were given objectives for denying a certain percentage of applications, but since it’s all a secret, conspiracy theories like mine will prevail.

 

Applying can also require multiple in-person trips back to the applicant’s country for documents related to their birth, marriages, divorces, where they received vaccinations, criminal background checks, etc. In Rosa’s case, that meant traveling to both El Salvador and Nicaragua (three times), only to find on her return, for example, that her certified vaccination records from Nicaragua weren’t acceptable. We then paid to have her re-vaccinated. Her doctor literally said it was “stupid” – it’s hard to disagree. One also hass to pay a certified translator to translate every document into English. And for many, aside from the costs involved, traveling to their home country puts a successful return to the U.S. at risk.

 

Last but not least, for immigrants who hired a coyote to get them to the U.S., even those who arrived alive, hoped for asylum, and immediately surrendered to border patrol, they have already spent their family’s life savings and likely secured a significant amount of money from loan sharks. They have no more money to spend.

 

Rosa had and was able to convert her tourist visa, but complying fully with the letter of the law cost us over $17,000 all in – fees, lawyer, travel, unnecessary vaccinations, translations, apostille seals, etc. When it came to getting her U.S. citizenship, we were very fortunate that Rosa had enrolled in English classes at Journey House. Their Citizenship class, for which Journey House charges nothing, included a scholarship to pay the application fee.

 

Bottom line, $17,000+ was a lot of money for us. For immigrants who are aware of the potential costs, not to mention the booby traps and limited opportunities, I’m sure it looks easier and safer not to do so.

Welcoming Migrants at the Border and AMMPARO: A Whole-Church Response Mobilized

An increase in unaccompanied children and asylum-seekers arriving at the U.S. border with Mexico has given rise to claims of a crisis. Individuals, families and children seeking protection are no crisis — the crisis is the circumstances they are fleeing and the moral challenge of safe welcome. To offer hope and hospitality to the sojourner in this season of Easter is to bear witness to the suffering that affects the lives of so many. Through acts of love and service, the ELCA, with its strategy of Accompanying Migrant Minors with Protection, Advocacy, Representation and Opportunities (AMMPARO), continues to support migrants and advocate for just and compassionate solutions.

 

WHAT IS HAPPENING AT THE BORDER?

In recent weeks, growing insecurity has driven more families and children to the border. Not that long ago, Central America was hit with back-to-back hurricanes that caused widespread destruction and massive internal displacement. The World Food Programme estimates that nearly 8 million people in Central America are chronically hungry because of climate-driven events compounded by the pandemic. Targeted violence and crime, gender-based violence, corruption and state repression are additional factors forcing people to leave their homes. Unless these deeper issues are addressed, people will continue to migrate.

 

To put the situation in context: border encounters have been rising for months despite punitive measures put in place to discourage migration at the start of the pandemic. Between April and December 2020, total apprehension of single adults increased, as did those of family units and unaccompanied children, although by smaller margins. It’s still the case that the majority of people are expelled — most under Title 42, a rule invoked by the Trump administration to expel virtually all border arrivals. This policy has disproportionately impacted Black migrants from African and Caribbean countries. Migration also ebbs and flows — shifts that are based on the time of year and season. It is true that the release of unaccompanied children and a portion of families encountered at the U.S.-Mexico border have increased, but the emergency here stems from the practical challenge of moving migrants quickly through an infrastructure that has been decimated over the years and made even worse now by capacity issues due to the pandemic. The Biden administration policy is to accept unaccompanied children under age 18, which is how so many children have entered the care of the government while they wait to be reunited with their parents or a sponsor. Shelters have struggled to keep up with the new arrivals.

 

No event or escalation of need warrants calling migrants a crisis. Neither is scapegoating migrants an acceptable message. No significant rise in the spread of COVID-19 has been attributed to recent arrivals.

 

HOW CAN THE SITUATION IMPROVE?

The United States can protect people seeking safety and also safeguard public health. Rebuilding capacity to humanely welcome and process asylum-seekers and unaccompanied children will take time. With time and resources, the pressure should gradually improve, but long-lasting solutions are also needed to address the root causes of migration as well as the impractical aspects of the U.S. immigration system that hamper family reunification and access to asylum. More unaccompanied children arrived at the U.S.-Mexico border in February 2020 than in any other February on record. (The highest number ever recorded was in May 2019). In the last few years, and especially during the pandemic, the systems of protection available to vulnerable migrants such as children have eroded badly. Any moral path forward must envision a system that humanely welcomes and processes asylum-seekers and unaccompanied children.

 

HOW IS THE ELCA RESPONDING?

Our congregations and companions are already responding to the needs of families and children after they have crossed the Mexican border into the United States and been released by border authorities. Churches and synods participating in the ELCA’s AMMPARO strategy work to address the critical needs of recently arrived children and families alongside direct-service providers, immigrant organizations and other secular and interfaith partners. This is a whole-church, whole-society mobilization of resources, compassion and expertise to ensure that migrants are treated humanely and granted amparo — refuge.

 

This witness is complemented by ELCA advocacy efforts that center on protecting the right to seek asylum and apply for refugee status in the face of unprecedented global need. Dubious policies enacted to restrict immigration to the United States conflict with its domestic and international obligations. Any obstacle to a person lawfully seeking protection must be reconsidered. The ELCA advocates for laws that vigorously protect unaccompanied children and families, asylum-seekers and refugees.

 

BE PART OF THE SOLUTION

This toolkit from the Interfaith Immigration Coalition (IIC) summarizes recent actions and events that people of faith can learn about and join to help respond to the situation at the U.S.-Mexico border. You can stay informed by visiting the AMMPARO Facebook page, where developments at the border are closely monitored by AMMPARO. Building awareness of the plight of migrants, especially those who are Black, Indigenous, LGBTQIA+, disabled, women or unaccompanied children, can counter the stigmatization and discrimination that permeate the public consciousness.

 

The ELCA social statement For Peace in God’s World (1995) states: “Faith in the crucified and risen Lord strengthens us to persist even when God seems absent in a violent and unjust world, and when weariness and hopelessness threaten to overwhelm us.” We pray that God’s grace and everlasting love will wash over the weary migrant and give us the guidance and wisdom to restore hope at the border.


Migrating Women and their Experience with Gender-Based Violence

by Giovana Oaxaca, Program Director for Migration Policy

The allegations of medical neglect and invasive gynecological procedures in a privately-run detention center in Irwin County, Ocilla, Ga.—including coerced sterilization—quickly drew disbelief and condemnation worldwide this fall. Far from unique, these shocking allegations echo the historic and current reality of cruel and inhumane treatment towards migrant women. At every stage and step of their lives, migrants, immigrants, refugees and asylum seekers are at special risk of having their fundamental human rights violated.

 

GBV as a migration driver

What drives people to migrate will vary from person to person, but one of the most cited reasons is to escape from domestic abuse and violence. For countless women, girls, and LGTBQIA+ persons in the Northern Triangle of Central America–El Salvador, Guatemala, and Honduras—sexual- and gender-based violence (GBV) is inescapable reality. Every day, over 100 cases of violence against women are filed in Guatemala. In 2018, a woman was killed in Honduras every 18 hours. El Salvador, which has the highest rate of femicide in Latin America, reported 84 femicides in an 8-month span of time in 2020 at the height of pandemic quarantine measures. Globally, gender-based violence is widely recognized as a key human rights issue, as highlighted in the international 16 Days of Activism Against Gender-Based Violence campaign.

These figures likely do not capture the full scope of the violence experienced by women. Social stigma, fear of retribution and lack of confidence in authorities often contribute to underreporting.

 

Shifts in U.S. Policy Toward Asylum Seekers

The United States has a policy of granting limited humanitarian protections to persons fleeing gender-based persecution and violence. Unfortunately, overtime, these protections have become harder to access. Under President Trump, the U.S. government has undermined protections for people fleeing domestic abuse and gang violence and turned away asylum seekers, trapping families, men, women and children in precarious conditions without any meaningful access to protection. People at risk of GBV thus contend with persecution at home, in transit, and even from U.S. authorities.

 

ELCA responds to human need

While working with migrating, returned and deported women, civil society organizations and faith-partners have expressed the need for services geared at empowering women socially, politically and economically. The ELCA’s AMMPARO strategy (Accompanying Migrant Minors with Protection, Advocacy, Representation and Opportunities) has placed a special emphasis on working with advocates in Central America who give witness to these perilous conditions and supported their advocacy efforts.

“Migrants, immigrants, refugees, and asylum seekers often suffer more when they are women, girls, or gender non-conforming people” notes the ELCA social statement Faith, Sexism, and Justice: A Call to Action.” “Women, girls, and people who identify as non-binary must not be deprived of their human or civil rights.” When the disturbing account of human rights violations against immigrant women in custody of the privately run Irwin County Detention Center surfaced, ELCA Presiding Bishop Elizabeth Eaton stated, “As the ELCA we strongly condemn gender-based violence and violations of human rights wherever they occur.”

 

Threats in U.S. detention

Abuse of women is widespread in immigration detention centers and constitutes a serious threat to the civil and personal liberties of migrants. The detained population has multiplied over the last 30 years under a U.S. government policy to apprehend and detain increasing numbers of immigrants. Alternatives such as community-based alternatives to detention, although humane, less costly and more effective, have not been pursued, overburdening an already strained system at the expense of the people detained.

The United Nation High Commission for Refugees (UNHCR) guidance says that all immigration practices should implement special measures to protect women from sexual and gender-based violence and exploitation in detention. According to the UNHCR, other groups that are vulnerable to abuse, like children and members of the LGBTQIA+ community, should also be afforded special measures to guarantee their safety. The UNHCR mainly advocates that detention should be used as a measure of last resort and asylum seekers should be given every opportunity to seek protection. The U.S. government must do more to meet even this basic standard of care.

In fact, the U.S. federal government has become one of the most egregious perpetrators and accessories of GBV. Between 2010 and 2017, there was a staggering 1,224 complaints of sexual assault abuse in Immigration and Customs Enforcement (ICE) detention yet only 43 investigations. Based upon known patterns, these numbers likely reflect underreporting. We know people don’t come forward out of fear of retaliation and are not consistently supported by confidence in prosecution of perpetrators. Like most cases of GBV, these acts are committed in nearly total impunity.

 

What can we do?

Increased scrutiny at Irwin creates new incentives for advocacy

  • Supporting policies that aim to curb profiting from people’s suffering are one way to stamp out immigration practices in the U.S. that deprive women of their liberty and rights.
  • Restoring the asylum system so that victims have access to humanitarian protections goes without saying—though the underlying definition of gender-based asylum could stand to be improved.
  • Supporting survivors of violence at the onset through advocacy in their home countries, so that they do not feel obligated to flee, must also be an objective of any strategy to prevent and mitigate acts of GBV. The escalation of intimate partner violence, evidenced by the spike in femicides in El Salvador, signals the need to expand local programs for women in need of protection in their homes.
  • The Keeping Women and Girls Safe from the Start Act of 2020 (S. 4003) includes some important measures to expand the U.S. government’s ability to prevent gender-based violence and provide early interventions at the onset of humanitarian emergencies.

These are just a few examples of systemic and institutional changes that can be made, and they are very likely to take some time to come to be implemented. However, these lay the groundwork for a just and compassionate solution to the unacceptable reality of sexual- and gender-based violence.

Helpful graphic on the history of immigration


Click image to view larger.

History of Immigration

Here is a very good history of immigration which helps us to see the whole picture:

History of U.S. Immigration

 

 

Spreadsheet that lists COVID-1 resources

Here is link to a spreadsheet developed by the Interfaith Immigration Coalition continually updated to show resources available to migrants suffering from the pandemic:

https://docs.google.com/spreadsheets/d/18p9OSlLpSYanIoUC-gEbhVbRMYVUfw4wyrixa9ekGdc/htmlview?usp=embed_facebook