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Why are there illegal immigrants working for McDonalds?
My first job in the US was at Mcdonalds. It was hard getting a job even with a 3.6 GPA, honors classes and AP classes in High School. People wanted experience and I had none at the age of 18. I was finally allowed to work in this country because DACA gave me work authorization. DACA wasn’t introduced until 2012 when I graduated high school and turned 18.But let’s go over some false assumptions that Americans answering this question might “answer” even though they are wrong.All immigrants CAN BE DEPORTED. Everyone one of them. Seriously. American citizens have this really false idea that only “illegals” can be deported. If you are a legal immigrant you have about the same rights and protections as undocumented immigrants with temporary work cards do, which is to say…not much. There’s a reason why about 40% of undocumented immigrants come legally.Americans think there is a fair and simple immigration system in place that’s tough to get because you have to prove you’re “safe” and you “merit” it. The truth is immigration law is very complicated and has gotten tougher in the last few decades. Immigration lawyers have been struggling to keep up with changing policy. Most of the immigration system has caps on different visas and it’s made in a way that excludes most of the world from any chance of being allowed in. The easiest path toward citizenship is through wealth - either to be wealthy enough to bypass the regular process others have to go through, or have connections/family ties to US citizenship. In other words, citizenship is inherited for the most part, and if you look at the racial makeup of the US it’s easy to see who will be most likely to get the fastest path toward citizenship, that others will never even qualify for.There is no pathway toward citizenship for most of the 11 million undocumented immigrants. You’ll see that number a lot because our group on average has been living in the US for at least 10 years, if not more. The government has been promising immigration reform to address this and repeatedly failed to do so.Many Americans are also unaware that their government has created numerous temporary work programs which give social security numbers, temporary work authorization, and driver’s licenses to qualifying undocumented immigrants. There’s numerous TPS programs, there’s DACA and others. Again the people in these groups have lived here at least 10 + years, working and paying federal income taxes like everyone else. These programs were created to address the American public’s growing hositality toward immigrants. It made it so we could legally work, pay taxes, and live a normal life..BUT… and this is huge BUT, IT GRANTS NO LEGAL STATUS. This was what the government decided to do instead of passing immigration reform, it gave people a temporary fix to allow them to barely survive, but to appease the immigrant hating Americans, didn’t give them a pathway toward citizenship or any permanent status.Now that you are aware of this, I want you to understand something else. Americans who have hired me believed I was a US citizen because I passed e-verify without worry. Many undocumented immigrant pass e-verify. And your government is well aware of this. E-verify does not verify that someone is a citizen, or whether they are “legal”. It ONLY verifies if the person can work legally. I will repeat this again - 40% of undocumented immigrants came legally. A person with a legal visa (student visa, H1-B visa, etc) is pretty close to undocumented status. Obviously I would argue that they are. They have none of the protections of an American citizen, and they can be deported at any time. As someone who has the legal right to work here, with parents who had the legal right to work here for over a decade under TPS for Honduras, the idea that having a temporary permission to study or work here makes a person “legal” is laughable.People always argue that undocumented immigrants are hired because they are easy to exploit. It’s not that we are inherently easy to exploit, it’s that many American’s live in fear and prefer undocumented immigrants to persecuted and have limited access to power. This obviously means that many don’t qualify for special programs and will be forced to work under the table, some of these individuals are trafficked, and abused. In fact, people who track trafficked/forced labor/slavery say it’s pretty much impossible for Americans to consume goods that don’t have a connection to exploitative practices. This system was created by many of American’s ancestors and they are continuing it on a biggest and more global scale. When you gives these people access to anything, even something as small as a temporary right to work, you make them harder to exploit. They will demand equal or higher wages, and complain, and unionize like any other worker. Citizens will treat them as one of them because they are both working in the same space and they both have the right to work.To answer your question undocumented immigrants are working at McDonalds because they legally can work. They are paid the same rates as citizens, and most of their employers will assume they are citizens or “legal immigrants” because they have a license and work authorization card. Some of these employers and many Americans who assume everyone working in these companies must be citizens because they passed e-verify, are the same people who will lecture me on “those illegals” needing to “get in line”, and explain to me the difference between legal and illegal immigrants. And I listen, as I always have since I was 6 years old to the countless teachers, fellow classmates, random person at a birthday party who I had the misfortune, of getting into a conversation on immigration with. I would stand there and listen to them while musing to myself - they don’t know I’m an alien, they don’t know I’m illegal. They think I’m a citizen because I speak fluent English, because I’m middle class and grew up here and understand their 90s culture references. They think I’m a citizen because I go to school with them, because I take yoga classes with them, because I work with them in the front taking customer orders (and not in the back), because I’m in the same space they’re in. That makes me sad, the idea of who belongs in this space - who belongs/gets access to school, who ‘deserves’/belongs in white collar/pink collar jobs, who is a member of our community/society, who is seen as being a fellow American, a relatable person with first world problems, with human rights and dignity.Growing up with these conversations made the reality of how others saw me inescapable. The fact that I always passed as a citizen was a curse. I knew what everyone was saying behind my back, because they were saying it to my face. To many, undocumented immigrants live in very clearly segregated and unequal lives and this is viewed as somehow deserved on their part. In a way it was liberating to get the job at McDonald’s as a cashier. I was part of something that was very clearly American. It was short lived because I quit within a week. It was one of the most exploitative jobs I ever I had. I wish more American citizens could see that we are all workers, and without more rights and protections we will all get used.
Can an illegal immigrant in the US become legal?
Short answer: YesLonger, more detailed answer: Yes. This answer will cover the most common ways that someone might obtain legal status in the United States, and will further separate statuses into temporary vs. permanent types.First, it’s important to first define the terms.“Legal”: Possessing status in the US allowing someone to live and work either temporarily or permanently.“Green Card”: A colloquial term for the I-551 Permanent Resident Card. Back when the Immigration and Naturalization Service existed, the cards were actually green, they are now off-white.“Adjustment of Status”: The process by which an illegal alien obtain a “green card”Now, with the general terms defined, let’s look at temporary forms of legal status. Keep in mind, that some of these temporary forms of status may lead to a green card down the line.Temporary Protected Status (TPS) - legal status derived from the Secretary of Homeland Security’s designation of countries that are war torn, recovering from natural disasters or other humanitarian crises.[1][1][1][1] TPS most recently made the news because Secretary Nielsen recently decided to not renew TPS designation for a number of countries including El Salvador, Honduras, and Nepal [2][2][2][2] [3][3][3][3] [4][4][4][4]Deferred Action for Childhood Arrivals (DACA) - a quasi-status created by Former Secretary of Homeland Security Janet Napolitano at the direction of then President Obama. [5][5][5][5] This is a quasi status in that DACA is not a pathway to permanent legal status (i.e. a green card), nor an officially recognized form of temporary status (such as TPS). Most recently made the news because President Trump attempted to end DACA resulting in many lawsuits, which remain pending resulting in permanent injunctions allowing current and prior DACA recipients to continue to receive DACA.[6][6][6][6]Now, let’s take a look at some of the more common ways that an illegal alien might be able to legalize their status and obtain a “green card”.Cancellation of Removal (INA §240A(b)): Colloquially referred to as “42B”, Cancellation of removal for certain non-permanent residents is a defensive application to removal which requires that an illegal alien in removal proceedings demonstrate among other things - “exceptional and extremely unusual hardship” to qualifying relatives (United States Citizen child or Lawful Permanent resident parent, child or spouse).[7][7][7][7]In my day to day cases, this is one of the most common forms of relief from removal that is filed. Because crimes affect almost all forms of relief, many individuals who are in court are statutorily barred from applying for this defensive application. Others, who do not have a criminal history may not meet the exacting standard that is “exceptional and extremely unusual hardship.”Asylum (INA §208): Individuals who seek asylum are commonly referred to as “refugees”, however, the term “refugee” and “asylee” have different legal meanings. Asylum refers to the process of seeking refuge while already in the United States. This leads to “asylee” status which leads to a green card. One obtains asylum by demonstrating by clear and convincing evidence that the alien was or will be persecuted on account of one of five enumerated grounds (race, religion, nationality, membership in a particular social group, or political opinion) and that the government of their country is unable or unwilling to protect them.In my day to day cases, there are asylum seekers from all over the world, who either have presented themselves at the border seeking asylum (those known as “arriving aliens”) or those who have illegally entered the country and are afraid to return to their country.Adjustment of Status (INA §§ 245(a) and (i)): The path the majority of legal immigrants take to get their “green card”, usually involving a family based immigrant petition (Form I-130) or a work based immigrant petition (Form I-140), thousands of dollars, a medical exam and background checks, as well as relationship checks (for spouses, as some answers below have referenced). For illegal aliens, this form of relief is not generally available unless the alien had a “grandfathering” petition as defined in section 245(i) of the INA.I hope this answer sheds some light on the most common ways that illegal aliens regularize their status. This is of course not an exhaustive list, and a more comprehensive list can be found at the United States Citizenship and Immigration Services informational webpage - Green Card Eligibility CategoriesFootnotes[1] Temporary Protected Status[1] Temporary Protected Status[1] Temporary Protected Status[1] Temporary Protected Status[2] Secretary Kirstjen M. Nielsen Announcement on Temporary Protected Status for Nepal[2] Secretary Kirstjen M. Nielsen Announcement on Temporary Protected Status for Nepal[2] Secretary Kirstjen M. Nielsen Announcement on Temporary Protected Status for Nepal[2] Secretary Kirstjen M. Nielsen Announcement on Temporary Protected Status for Nepal[3] Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary Protected Status for Honduras[3] Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary Protected Status for Honduras[3] Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary Protected Status for Honduras[3] Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary Protected Status for Honduras[4] Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary Protected Status for El Salvador[4] Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary Protected Status for El Salvador[4] Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary Protected Status for El Salvador[4] Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary Protected Status for El Salvador[5] https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf[5] https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf[5] https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf[5] https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf[6] Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction[6] Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction[6] Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction[6] Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction[7] https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf[7] https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf[7] https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf[7] https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf
How will the Biden administration begin to shelter the thousands of unaccompanied migrant children flowing across the Texas/Mexico border?
I was actually supposed to work in one these centers instead of going to law school, but then the 114th Congress happened, and Democrats lost the ability to secure funding.If there was any issue that demonstrated to me that the political class is for real playing the average American it is the “crisis of children at the border.” The children have been coming since 2013, and even before. Democrats know, Republicans know, they just trail them out everytime it’s politically relevant.Things really came to a head in 2014 when DHS discovered 66,000 unaccompanied minors children at the border.[1][1][1][1] I was going to be brought on as a education program advisor (my boss was being tapped by the DoE to help lead a center and she asked if I wanted to come along).My understanding of how the facilities were supposed to function, and how they might now:The primary purpose is to secure the basic needs of the children: food, shelter, safety, etc.;If they have relatives in the U.S. then HHS will look for their “legal” relatives, and try to unite them asap;Children who cannot be united with relatives will be held in long-term foster care, and may even be resettled by the Office of Refugee Resettlement in some cases. That may include adoption;**Children in long-term care would have access to some kind of education resources while they wait to be resettled;The children may receive some kind of temporary protected status (TPS) or deferred enforced departure (DED) akin to DACA, but that was not sure then, and it is not sure now. Biden may choose to issue an executive order against deportation for the time being in order to align with the Flores settlement;[2]If they are granted TPS or DED then new laws being passed by the 117th Congress may give the children a path to citizenship;I don’t know how the Biden admin will handle the “permisos” question for the parents of undocumented migrants. I do not foresee them extending status to parents of the children, without an independent reason for granting status;Although if the children receive TPS or DED, and they do no have relatives in the state, it might be possible to entertain the parents’ request for citizenship on the basis of family reunification, but even if that was reality, it would only be possible after the child no longer depends on TPS/DED.That’s just the bare bones as far as I understood it in the past, and what I can piece together not really being in that orbit now. Nothing I have written here is certain, and anyone sending their children unaccompanied to the U.S. is taking a massive risk.Please remember that UAC are put in huge danger during their journey, many times mortal danger. They are also often forced to represent themselves in legal proceedings (because the current statistics say if they had a right to representation they win ~88% of the time), and as a result many, if not most, are deported anyway.**The sinister thing about this policy, is that the U.S. is essentially harvesting children from Central and South America. Given that the impetus for the exodus from countries like Honduras is largely rooted in American imperialism throughout the region one has to ask themselves if this wasn’t planned. I find that thought really disturbing, but as countries around the world ask themselves the population replacement question it seems worth some analysis to me.Footnotes[1] The 2014 Central American migrant crisis[1] The 2014 Central American migrant crisis[1] The 2014 Central American migrant crisis[1] The 2014 Central American migrant crisis[2] https://cdn.ca9.uscourts.gov/datastore/opinions/2016/07/06/15-56434.pdf
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