Optimist INTERNATIONAL Olathe Clockwinders Guest Speaker: Attorney Mira Mdivani www.uslegalimmigation.com 7007 College Blvd., Suite 460 Overland Park, KS 66211 (913) 317-6200 June 2, 2004 Immigration Law and Kids: Problems & Solutions Comments by Mira Mdivani A. Introduction What does Optimist International stand for? Meeting the needs of young people in communities worldwide, Optimist Clubs have been "Bringing Out the Best in Kids" since 1919. Optimist Clubs conduct positive service projects aimed at providing a helping hand to youth. Club members are best known in their communities for their upbeat attitudes. By believing in young people and empowering them to be the best they can, Optimist volunteers continually make this world a better place to live. Source: Optimism International Website, June 2004. B. Immigration Law and Kids \: Problems vs. Solutions 1. Family Separation - Compassion and Family Values? a. Visa Bulletin - Allowable Levels of Immigration Problems: A Legal Permanent Resident must wait for over five (5) years to reunite with spouse and minor children while they cannot visit him in the United States: such separation is bad for family, children growing without a parent b. Processing Times Problems: A U.S. citizen must wait for approximately two years before being able to bring a spouse or a minor child to join him or her in the U.S. Is this good for kids? Solutions: ___ further restrict levels of immigration ___ increase levels of legal immigration ___ further slow down processing times ___ give more money to USCIS and Department of State to work faster on visas for eligible family members c. Children brought here without inspection at a young age and raised here, thinking they are Americans? Proposed Solutions: ____ Deny citizenship to children born to parents without status, or ___ Remove bars and/or re-introduce 245(i), ___ We need to come up with "A more humane way to immigrate" - President Bush, December 2003 President Bush outlined a new immigration proposal on January 7, 2004, in which he stated: "By tradition and conviction, our country is a welcoming society. America is a stronger and better nation because of hard work and the faith and entrepreneurial spirit of immigrants. ... As a Texan, I have known many immigrant families, mainly from Mexico, and I have seen what they add to our country. They bring to America the values of faith in God, hard work and self reliance – the values that made us a great nation to begin with." " As a nation that values immigration and depends on immigration, we should have immigration laws that work and make us proud. Yet today we do not. Instead, we see many employers turning to the illegal labor market. We see millions of hard-working men and women condemned to fear and insecurity in a massive, undocumented economy, Illegal entry across our borders makers more difficult the urgent task of securing the homeland. The system is not working. Our nation needs an immigration system that serves the American economy, and reflects the American Dream." President Bush, January 7, 2004 speech. 2. Immigrant Youth Entering the Work Force Alan Greenspan, Chairman of the Federal Reserve Congressional Testimony on Feb. 27, 2003: "As you know, the aging of the population in the United States will have significant effects on our fiscal situation. In particular, it makes our Social Security and Medicare programs unsustainable in the long run, short of a major increase in immigration rates… Immigration, if we choose to expand it, could prove an even more potent antidote for slowing growth in the working-age population. As the influx of foreign workers in response to the tight labor markets of the 1990s showed, immigration does respond to labor shortages… An expansion of labor force participation by immigrants and [the] heightened growth of output per worker… presents the greatest potential to boost the growth of gross domestic product." Problems: Perceptions vs. Reality 14% of workforce is foreign born Up to 11 million in the U.S. without any immigration status Questions: continue to keep million of immigrants the underground or recognize that their labor is needed and give legal status to those who are needed in the economy? What about immigrant children who grow up and are ready to become workers who "present the greatest potential to boost the growth of gross domestic product," in Greenspan's words? d. SOLVE Act vs. CLEAR Act e. Federal DREAM Act Permanent residency for qualified children f. Kansas DREAM Act This law, which should take effect on July 1, 2004, provides for In-state tuition for qualified Kansas High School graduates irrespective of immigrant status as long as they meet the following requirements: 1. Attend a Kansas high school for at least three years; 2. Graduate from a Kansas high school or receive a GED in Kansas; 3. Provide an affidavit stating that the student or students' parents have filed an application to legalize their immigration status or that they will make such application as soon as eligible to do so, or that they will apply for the U.S. citizenship as soon as eligible; 4. Not available to student visa holders D. Conclusion - Be Informed, Make Your Own Decision