A presentation about the past, current, and in-process laws dealing with immigration. There is also information in regards to education and how classrooms, families, children, and schools are affected by these laws.
Past Immigration Laws Timeline
1790: Naturalization Act of 1790
Only for white people with “good” moral character
Had to live in the country for two years before
becoming naturalized
1795:
Increased the year limit to five years for having to
live in the country from previous law
14th Amendment: Allowed all children that were
born in the US to be citizens
1870:
Nationalization laws extended to African Americans
Past Immigration Laws Cont.
1850-1882: Chinese Exclusion Act
Restricted further Chinese immigration due to an
increasing amount of disease
1921: Emergency Immigration Act:
Created immigration quotas
Led to the Immigration Act of 1924
1924: Immigration Act of 1924
Capped number of immigrants able to enter the
US based on the number of immigrants of that
nationality already in the US
Immigration basically ceased during the Great
Depression
Current Immigration Laws
Immigration and Naturalization Act (INA)
Currently the body of law governing
immigration policy
Provides for an annual worldwide limit of
675,000 permanent immigrants, with
exceptions for close family members
Congress and President determine
separate number of refugee admissions
Immigration to the US is based on certain
principles
Principles for Immigration
The reunification of families
Admitting immigrants with skills that are
valuable to the US economy
Protecting refugees
Promoting diversity
Defining Family Unification
This is an important principle governing immigration
policy
Family-based immigration category allows US citizens
and lawful permanent residents (LPRs) to bring
certain family members to the US
480,000 family-based visas available every year
Family-based immigrants are admitted to the US
either as immediate relatives of US citizens or through
family preference system.
Immigrants include:
Spouses of US citizens
Unmarried minor children of US citizens
Parents of US citizens
Defining Immigrants with Skills
More than 20 types of visas for temporary
nonimmigrant workers
Include:
L visas (intercompany transfers)
P visas (for athletes, entertainers, and skilled
performers)
R visas (religious workers)
A visas (diplomatic employees)
O visas (workers of extraordinary ability)
H visas (variety of these for both highly-skilled and
lesser-skilled employment)
Permanent employment based on a set rate of
140,000 visas per year
Defining Protecting Refugees
Refugees:
Admitted to the US based on inability to
return to their home
Home countries must have a “well-founded
fear of persecution”
Persecutions: race, social groups, political
opinions, religion, or national origin
Defining Protecting Refugees
Cont.
In 2013, Obama set
the worldwide
refugee ceiling at
70,000
Regional
allocations are in
the image to the
left
Defining Diversity Promotion
Diversity Visa Lottery:
Creating by the Immigration Act of 1990
Dedicated channel for immigrants from countries
with low immigration rates to the US
55,000 visas are allocated randomly to nationals
with less than 50,000 immigrants to the US in the
previous 5 years
Requirements for Diversity Visa
Must have a high-school education (or its
equivalent)
Within past five years, a minimum of two years
working in a profession requiring two years of
training or experience
More Current Immigration
Laws
2011: Development, Relief, and Education for Alien
Minors Act of 2011(DREAM Act):
Restored state option to determine residency for
purposes of higher education benefits
Provides conditional legal status for certain individuals
who:
Was under the age of 15 when entered the country
Has been physically present in the US for at least 5 years
Has earned a high-school diploma or GED
A person of good moral character
Is not inadmissible or deportable under criminal security
grounds of the Immigration and Nationality Act
Younger than 32 years of age when law enacted
More Current Immigration
Laws Cont.
House Bill 56 (H.B. 56):
Sparked fierce debate across Alabama
A more radical law than those passed in other
states
Has an impact on schools
Requiring school staff to verify each student’s
immigration status during enrollment in Alabama
Numbers must be reported to the state yearly
Fear that parents will pull students from school
Burdens educators with enforcing laws that are not
our responsibility
In-process Immigration Laws
To understand the road to victory on
immigration reform and what that means
for 2014, one must first understand the
journey to get to this point.
A national organization effort led to the
passage of the Senate immigration reform
bill in June of 2013, and shifted the public
narrative to the inevitability of victory- no
longer a question of if, but when.
Furthering the Road to Victory
Individuals of the Latino community conducted
driving calls
Involved shutting down Capital Hill switchboards with
calls
Created national text messaging list with hundreds of
thousands subscribers
Street Heats were conducted
Marches of 2006 to show that anti-immigrant insults
are not going to be accepted in the immigrant
community
Marches were so large, traffic was affected
This community takes things to another level
(regarding legal authority) to demonstrate the
disruption of deportation within their own family lives
Furthering the Road to Victory
Cont.
Telling stories
Leaders started “coming out” in stating that they
were “undocumented and unafraid”
“Coming out” countered the fear that many
leaders held, and has fundamentally changed
their public lives
The Fair Immigration Reform Movement
Through the Keeping Families Together campaign,
thousands of stories are told about the
deportations of families involved
The movement has matured in many ways. This
has allowed for more success in reform
Victory In Sight
ICIRR and FIRM organizations have built
citizenship programs to help legal immigrants
Thirteen million legal permanent residents in
the US
Eight million of the thirteen million are eligible
to become citizens (RIGHT NOW!)
In swing states like Colorado, Arizona, and
Florida with legal permanent residents, current
immigrant voters, and potential naturalized
citizens could mean the margin of victory
Impacts on Education and
Families
Public spending is deceasing
Less funding in public schools
Increase in enrollment in private schools
Larger class sizes in the public school systems
Multiple cultures in a classroom setting
Teachers are expected to know and embrace the
different cultures
Provides other students with a knowledge of other
cultures
Promotes classroom diversity
Less staff support for those individuals that face language
barriers
Immigrant students may be encourages to be productive
members of society provided an education
Practices to Support
Immigration Students
ESOL services if needed
Cobb County School District: provides a number of
resources to support these students
Value and build upon students’ academic, linguistic,
and cultural background
Create supportive learning environments
Assist students in reaching their full potential
Build connections between ESOL and school wide
instructional programs
Encourage participation of students and families with
the school and the community
Foster understanding and appreciation of diverse
populations within the school and community
What do we do when they
come to our classroom?
In the end, we need to create the best
learning environment possible to support
immigrant students. Remember that
language proficiency does always support
their academic ability. They are more than
likely not “dumb” or “stupid.” These students
may simply lack a knowledge of our
academic content. Embrace their culture
and support the family to the best of your
ability. These practices will always promote
support for these students.
References
AZEMUN, M., & BENITO, L. (2014). A State and National
Perspective. (Cover story). Social Policy,44(1), 3-8.
Education and Employment. (2014, January 1). Retrieved
September 17, 2014, from
http://www.ncsl.org/research/immigration/education-and-employment.
aspx
How the United States Immigration System Works: A Fact Sheet.
(2014, March 1). Retrieved September 17, 2014, from
http://www.immigrationpolicy.org/just-facts/how-united-states-immigration-
system-works-fact-sheet
Immigration. (2014, January 1). Retrieved September 17, 2014,
from http://www.law.cornell.edu/wex/immigration
Mavisakalyan, A. (2011). Immigration, Public Education Spending,
and Private Schooling. Southern Economic Journal, 78(2), 397-423.
Walker, T. (2011, August 31). Alabama Schools Worry About Effects
of Immigration Law. Retrieved September 17, 2014, from
http://neatoday.org/2011/08/31/alabama-schools-worry-about-effects-
of-harsh-immigration-law/