Greetings!

In this issue: new faces, new ministries and new features. ISAAC has a new ministry assistant, Alicia Enriquez. The Ruth Project and BISB need your prayers and support. A new educational series starts this month: Separating the Wheat from the Chaff. We continue our series on the history of U.S. Immigration law. We also provide a prayer list and a schedule of upcoming third-party immigration training.

Please feel free to forward this newsletter to others or ask them to sign up at www.isaacproject.com. Also, if you have immigration news you would like to share, please contact me at Richard.Munoz@bgct.com.

ISAAC welcomes Alicia Enriquez

We are pleased to announce that Alicia Enriquez has joined the ISAAC team as a ministry assistant. Having lived abroad and in several parts of the United States, Alicia brings a unique perspective and spirit to ISAAC. Welcome Alicia!

Keep Praying for the Ruth Project and BISB!

Please keep the Ruth Project in Waco and Baptist Immigration Services of Brownwood (BISB) in your prayers. These two new federally recognized agencies are meeting the needs of the immigrant community in Central Texas. They may be small organizations but their impact is huge. They need your spiritual and financial support.

ISAAC Online Immigration Training- Limited Slots Still Available

We have a limited number of online training slots available. If you are a member of or are affiliated with a Baptist General Convention of Texas church, association, entity or ministry, ISAAC may be able to help you obtain some online immigration training. The online training will not be the only training you need but it is a great start!

Download an application package at www.isaacproject.com.

If you are not affiliated with a BGCT church but would still like to participate in online training, please contact me at Richard.Munoz@bgct.com.

National News

Largest immigration raid in U.S. history.

Some immigrants assimilating faster than others.

Minnesota Senate says "No" to Real ID.

North Carolina Community College System will not admit undocumented immigrants.

Facts about Immigration:  Separating the wheat from chaff (Luke 3:17)

The divisive tone of the immigration debate in the United States has made it difficult to find unbiased sources of information regarding the issue. While ISAAC is not an advocacy group, our mission is to educate our fellow brothers and sisters in Christ about immigration and its effects on ministry. So this month, we begin a new series addressing popular ideas, myths, e-mails and misunderstandings about the current state of immigration in the United States:

Issue 1:  "What part of the word ILLEGAL do you not understand?"
                -Bumper sticker

It is a common belief that someone who is currently in the United States without proper authorization has committed a federal "crime." Hence that person is an "illegal" immigrant. This, however, is not always accurate. In some circumstances, an immigrant may be subject to only civil proceedings because no criminal laws were violated. The confusion occurs because some immigration violations are federal "crimes" and others are "civil" violations of administrative immigration regulations.

Before we address the legal issues, it is important to remember that there are two main classifications of the "illegal" a.k.a. "undocumented" immigrant: (1) Entry without inspection (EWI) and (2) overstays. EWI aliens are individuals who entered the United States without presenting themselves before an immigration official at an official border crossing. Examples of this category would be aliens who walked across the desert, were smuggled in a truck or clandestinely crossed a border fence to get into the United States. In contrast, an overstay alien is someone who gained lawful entry into the United States for a limited period time or for a specified activity but then did not leave when their visa expired or when the specific activity was accomplished. A foreign student who does not go back to his home country after graduation and fails to change his immigration status is an example of an overstay. The best estimates are that between 31%- 57% of all illegal immigrants in the United States are overstays. Click here.

An alien who "enters or attempts to enter" at any time or place other than one designated by immigration officers, eludes an examination or inspection by an immigration officer or "attempts to enter or obtain entry to the United States by willfully false or misleading representation or willful concealment of a material fact" commits a federal misdemeanor. 8 U.S.C. §1325(a) (1)-(3). Reentry after prior deportation is a federal felony offense. 8 U.S.C. §1326(i). As with other criminal proceedings, the burden is on the federal government to prove that the alien violated federal law beyond a reasonable doubt. The alien is entitled to constitutional protections such as a jury trial and a court appointed counsel in these criminal proceedings. If convicted, the alien can then be fined or jailed as punishment for his offense and when he has served his sentence, he most likely would be deported. 

It is important to understand that the criminal activity being punished is the unauthorized entry into the United States. There are certain exceptions, however. Some asylees, victims of human trafficking, or victims of spousal or child abuse may be allowed to adjust their status to that of a lawful permanent resident despite their EWI status. Thus, whether an EWI alien has violated federal law depends upon the facts and circumstances surrounding his unauthorized entry. An overstay, however, has entered the United States legally. Thus, the above-mentioned criminal statutes do not apply to an overstay because he entered the country with proper authorization. 

Nevertheless, overstays and EWIs are "deportable" aliens. 8 U.S.C. §1227. If a deportable alien is discovered or detained, the United States Citizenship and Immigration Service (USCIS, formerly the INS), will commence administrative proceedings against him to have him removed from the country. Deportation and removal proceedings are not criminal proceedings but are civil in nature. Harisiades vs. Shaughnessy, 342 U.S. 580, 594 (1952). In these proceedings, the USCIS must prove that the alien is deportable by "clear and convincing" evidence. This is a lower threshold than the "beyond a reasonable doubt" standard in criminal proceedings. The civil nature of deportation proceedings is also important because the alien has no right to court-appointed counsel or a jury trial. An immigration judge decides whether the alien is deportable from the country. 8 U.S.C. §1362. The judge may order the alien removed from the country or, if circumstances permit, allow him to remain and adjust his status. Another important distinction is that if the alien is detained by the USCIS, the detention is not a punishment for their immigration violations. Rather, it is a statutorily permissible detention to prevent flight risk and facilitate removal of the alien from the country. 

In short, not every immigrant that is in the country without authorization has committed a federal crime. Nevertheless, such an immigrant can still be subject to deportation and removal proceedings even if they are not subject to criminal charges. The law also has many variables and exceptions to these rules for certain classes of aliens. Therefore, when in doubt, seek legal advice from an immigration attorney or from an accredited representative of a recognized organization.

United States Immigration Laws (Part 4) - 1950-1985

This is the fifth in a series of articles on U.S. Immigration Laws. The prior articles are found in past issues of the newsletter. They are available here: www.isaacproject.org.

The Immigration and Naturalization Act of 1952

In 1950, the Korean War began. Additionally, the United States and the Soviet Union were involved in the "Cold War" a state of hostility without military conflict. Many Americans feared communism both abroad and at home. Against this backdrop, Congress passed the Immigration and Naturalization Act (INA) in 1952. The INA serves as the foundation for most of our current immigration law. 

The INA upheld the national quota system from the 1924 Act and set up preference systems for skilled immigrants and those with family ties in the United States. Officially, the INA ended the barriers to Asian immigration. The State Department, however, reflects on its actual intent and application:

"At the same time, however, the new law only allotted new Asian quotas based on race, instead of nationality. An individual with one or more Asian parent, born anywhere in the world and possessing the citizenship of any nation, would be counted under the national quota of the Asian nation of his or her ethnicity or against a generic quota for the 'Asian Pacific Triangle.' Low quota numbers and a uniquely racial construction for how to apply them ensured that total Asian immigration after 1952 would remain very limited. Read about it here.

The Immigration Act of 1965

The quota system still favored certain immigrants irrespective of their family ties to the United States. National Public Radio reports that by the "1960s, Greeks, Poles, Portuguese and Italians were complaining that immigration quotas were discriminating against them in favor of Western Europeans."  The new act allowed families to reunite irrespective of national origin and greatly increased the diversity of immigration to the United States. Immigration increased as a result of this act. Read about it here.

The Act was amended in 1968 to eliminate discrimination based upon race, place of birth, sex and residence. In 1970, the Act eliminated preferences for immigrants from the Western Hemisphere. The Act was amended in 1980 to establish policies for refugees.

Next time:  U.S. Immigration Laws 1986-1995

CLINIC
For more information click here.

Intro to Immigration Law & Legal Skills                               
June 3-5, 2008                         
Columbus, OH             

Midwest Legal Immigration Project                             
For more information click here.

Legal Immigration Training                               
June 9-13, 2008
Des Moines, Iowa

Mennonite Central Committee
For more information click here.

40-hour Basic Immigration Training                         
September 9-13, 2008
Akron, Ohio

"Never stop praying, especially for others"  Ephesians 6:18a (CEV). 

We get many calls from individuals who need prayer regarding their immigration situation. Please pray for these people and that the Lord's will be done.

·    Bryan, New Mexico. Bryan is appealing an immigration court decision that denied his spouse and
child entry into the United States.
·    Virgilio, Texas. Virgilio is a pastor in the appeal process to re-enter the United States.
·    William, Texas. William is in immigration detention.
·    Luis, Texas. Luis is a pastor in Texas. His wife and daughter are seeking to come to the United
States.

If you or anyone you know would like to be added to this prayer list, or if you have immigration news that you would like to share, please contact me at Richard.Munoz@bgct.com.

That's it for this month. Feel free to forward this newsletter to others or ask them to sign up at www.isaacproject.org. Also, if you have some immigration news you would like to share, please contact me at Richard.Munoz@bgct.com.

ISAAC is a collaborative ministry between the BGCT and Buckner Children and Family Services, Inc.