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County  Interactions  with Immigrants County  Interactions  with Immigrants

County Interactions with Immigrants - PowerPoint Presentation

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County Interactions with Immigrants - PPT Presentation

Prof Andy Ayers Director of the Government Law Center Albany Law School OUTLINE Immigration statuses 2 Sanctuary decisions 3 Noncitizens eligibility for licenses and benefits 4 Green Light Law ID: 798412

green law info light law green light info licenses sharing benefits legal can

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Presentation Transcript

Slide1

County Interactions with Immigrants

Prof. Andy Ayers

Director of the Government Law Center

Albany Law School

Slide2

OUTLINE

Immigration statuses

2. “Sanctuary” decisions

3. Noncitizens’ eligibility for licenses and benefits

4. Green Light Law

Slide3

1. KINDS OF NONCITIZEN STATUS

1.

Lawful permanent resident

(green card)

2. “

Non-immigrant”

(temporary / conditional)

3. Humanitarian (

asylum

etc

)

4. “Undocumented”

Slide4

Variations in undocumented status

Means of entry

Visa overstay

Entry without inspection

Lost legal status

Pending application for status?

No application pending

Application pendingAdjudicated

3. Evading detection?

Deferred action

Checking in

At large, but authorities not seeking

Authorities seeking

Detained

Slide5

2. “SANCTUARY” DECISIONS

Use resources to participate in

imm

enforcement?

Feds can’t compel under 10th Amendment

Share information with

imm

authorities? Can’t ban sharing with DHS “information regarding immigration status”

Can choose not to collect info

3. Detain noncitizens at federal request?

Detainers are requests

Sheriffs lack

statutory authorization

to comply

May violate 4th Amend

4. Allow access to locally-controlled sites?

State courts deny without warrant; issue not yet litigated

Slide6

3. ELIGIBILITY FOR LICENSES AND BENEFITS

A.

Constitutional Rule

States/localities can’t deny benefits based on immigration status

Exceptions to the constitutional rule:

States can deny benefits to undocumented people

States can deny employment in certain government positions

States can deny benefits where federal law requires it

Slide7

3. ELIGIBILITY FOR LICENSES AND BENEFITS

B.

Federal statutes

States must deny certain benefits to specific groups:

Undocumented people

Non-immigrants

Certain humanitarian statuses

The benefits that cannot go to these groups include:

Health, housing, welfare, retirement, disability, unemployment

professional licenses and commercial licenses

Driver’s licenses not mentioned

Exception

: If the state passes a law specifically granting these benefits

Slide8

4.

THE GREEN LIGHT LAW

A. Creates a license that can’t be used for federal purposes

• Acceptable ID includes unexpired foreign passports, consular ID, foreign driver’s license, other forms TBD.

• Also required:

SocSec

#

or “an affidavit signed by such applicant that they have not been issued a social security number.”

Slide9

4. THE GREEN LIGHT LAW

B. Who will carry these licenses? People who are:

Undocumented

Lawfully present but not eligible for a

SocSec

# (tourists, many students, some spouses of certain

imms

)Eligible for SocSec# but don’t work and don’t get

SocSec

#

Not eligible for a SocSec# when they got their NY license, but have since become eligible

Slide10

4. THE GREEN LIGHT LAW

C. Info-sharing

Without a warrant or court order, DMV can’t disclose to anyone:

Docs any driver submitted as ID; or

Info on whether a driver qualifies for federal ID.

Anyone who receives records must certify they won’t share them with

imm

authorities.

Without warrant or court order, DMV can’t disclose to

imm

authorities:

any driver’s records.

If records are disclosed, DMV must notify the driver.

1. Sharing info with the public:

2. Sharing info with

imm

authorities:

Slide11

4. THE GREEN LIGHT LAW

C. Info-sharing

DMV/clerks can’t retain ID documents used to get not-federal licenses

3. Retaining records

Slide12

4. THE GREEN LIGHT LAW

Harboring

Preemption

Equal protection

D. Legal Challenges

Plaintiffs: Clerks of Erie and Rensselaer Counties (Kearns and Merola), and Monroe County and its supervisor (Cheryl

Dinolfo

)

Slide13

4. THE GREEN-LIGHT LAW

Harboring

violation?

Elements include

:

Knowledge of undocumented status

Intent to conceal

Action taken that “substantially facilitates” remaining in the US without detection

Plaintiffs’ claims

Clerks required to shield evidence of illegal

imm

Issuing licenses will help

imms

evade detection

Notifying drivers is helping evade detection

D. Legal Challenges

Slide14

4. THE GREEN LIGHT LAW

2. Preemption: info-sharing

By 8 USC

1373

and

1644

States/localities may not ban sharing “information regarding the citizenship or immigration status, lawful or unlawful, of any individual.”

D. Legal Challenges

Plaintiffs say:

Green Light ban on sharing info about drivers is tantamount to a ban on sharing “info regarding

imm

status”

Slide15

4. THE GREEN LIGHT LAW

2. Preemption: employment

By 8 USC 1324a

Crime to hire undocumented workers

D. Legal Challenges

Plaintiffs say:

One purpose of Green-Light is to facilitate work, which is an obstacle to Congress’s policy.

Slide16

4. THE GREEN LIGHT LAW

2. Preemption

Is

there standing?

D. Legal Challenges

Slide17

4. THE GREEN LIGHT LAW

Green Light Law:

No disclosure to public of any driver’s records, or any ID docs to DHS

No disclosure to public of whether any driver has not-federal license

No retention of ID docs for Green Light applicants

D. Legal Challenges

Plaintiffs say:

Noncitizens’ info is protected from disclosure in a way that citizens’ info isn’t

3. Equal Protection

Slide18

For more information

Government Law Center immigration resources:

www.albanylaw.edu/glc/immigration

Andy Ayers:

aayer@albanylaw.edu