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UNDERSTANDING IMMIGRATION

And Supporting Immigrants in our Commuity

MOLLY SMILTNEEK, JD

IMMIGRATION ATTORNEY AND CONSULTANT

Contracted with World Relief Wisconsin

attorneymollysmiltneek@gmail.com or msmiltneek@wr.org

Last updated: 01/23/2025

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FROM THE BIG PICTURE TO THE SMALL IMPACTS

Immigration 101: How our U.S. Immigration System Works and Doesn’t
The Current Reality
Down Stream Challenges Related to Immigration
Real Life Impacts
Do’s, Don’ts: How You Can Help

• Immigration 101: categories and processes of the current US immigration system (family, employment based, refugee/asylum, humanitarian, deferred action for childhood arrivals/DACA), current enforcement efforts, what is "broken"?

• Immigrants in the Fox Valley (demographic information)

• "Down Stream" Legal Challenges of being Undocumented (driver's license, employment practices, long term employment and educational prospects, interactions with local law enforcement and immigration and customs enforcement, difficulties with home purchase/rental and banking, preparing for "worst case scenario" of deportation)

• Real life implications as related to education (linking the three above topics into scenarios children and parents may face that impact their relationship with the schools and with education in general)

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US IMMIGRATION SYSTEM PRIORITIES HISTORICALLY

Temporary v. Permanent
Family Based Immigration
Employment Based Immigration
Humanitarian Relief

Refugees/Asylees
Parolees
DACA

Executive and Prosecutorial Discretion
For many there simply is no line.

For many there is simply no line. Those that have some sort of legal status generally receive SSN and work authorization, but rarely public benefits. Even where there is a path, may not be worth the risk of getting stuck in Mexico.

Some are temporary stays, some can lead to green card and eventually citizenship

The line: The visa bulletin tells us that USCs who initiated the process of getting a green card for their adult brothers and sisters from the Philippines before June 8, 1993 are now eligible to apply for the green card. For married sons and daughters from Mexico and the Philippines its Sept. or Dec. 1994, all other categories who have numerical limitations (unmarried sons and daughters of USC, spouses and children of permanent residents, unmarried sons and daughters of permanent residents, married sons and daughters of USCs, brothers and sisters of USCs) who filed a petition for their family member before about Jan 8, 2010 are now eligible to actually apply for the green card. That is 7 years!!

Refugees/Asylees:

Unable or unwilling to return to return home because of well-founded fear of persecution

significant screening abroad

local groups settle

Refugee status granted outside US; Asylum inside

Somewhat politically motivated: the case of Central American Unaccompanied Minors

Other humanitarian relief

Temporary Protected Status

Victims of Domestic Violence and Crimes/Trafficking

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WHAT DOES IT MEAN UNDOCUMENTED/UNAUTHORIZED?

A person who has no lawful immigration status in the US.
May have crossed the US border without inspection OR overstayed visa OR status sunsetted

Majority thought to be visa overstays
2.3 million in liminal/twilight status

“Applicant” is not, on it’s own, a status.
No

Social Security Number (usually), �Work authorization, �Public benefits

Yes

Pay taxes via ITIN,�Attend school,�Work in a variety of settings

Approx. 300,000 immigrants in WI, 76,000 of them are undocumented

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WHAT ABOUT REFUGEES, ASYLEES, SIV, GREEN CARD HOLDERS?

Asylees and Refugees

Very few circumstances where status can be terminated under the law, making a person removable

No more fear of persecution
Commission of serious crimes
Evidence of fraud

Green Card provides some additional security

Lawful Permanent Residents

Commission of crimes of moral turpitude or aggravated felonies
Fraud (including marriage)
Other, but usually criminal

SIV

Depends on circumstances

Harassment or othering is expected. Fear is real; risk is varied.

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President Trump’s

Immigration Action and Promises

Mass detention and deportation

Interior enforcement, not just the border wall
Workplace raids

Mandatory jailing for many accused of crimes
Suspend all refugee resettlement
End Categorical Parole (Ex: CHNV) and CBP One
Remain in Mexico
Review of all TPS
Attempt to end birthright citizenship
Ending of sensitive location protection (including schools and healthcare)
Withhold funding from and investigate uncooperative law enforcement agencies

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WHAT WE EXPECT BASED ON EXPERIENCE

Intentional disruption: processing delays, excessive requests for evidence, extra requirements, arbitrary decisions, secondary inspection, limited reunification

Racial and religious discrimination (in immigration processing and across the country)
Shrinking to the shadows for safety

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EXPECTED ENFORCEMENT PRIORITIES

Those with previous removal orders
Those with criminal records
Those who are undocumented (even if cases pending)
Those with twilight statuses
Those in “Sanctuary Cities” (Big cities)
Anyone.

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DOWN STREAM CHALLENGES FACING IMMIGRANTS

No driver’s license if undocumented; hard to get any form of ID.
Long-term employment and educational prospects
Difficulties with home purchases and rentals
Difficulties with banking
Simply adjusting to a new life.

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DOWN STREAM CHALLENGES FACING IMMIGRANTS

Interactions with Law Enforcement

Constant fear of deportation
Hesitant to report anything
Inherent fear of police from home country
Difficulty exercising rights

Preparing for the Worst

Making sure life can go on without you

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REAL LIFE IMPACT ON EDUCATION

Varied experiences, impacts and stresses on families
Role-Reversal
Stressors/barriers that prevent students from being ready to learn.
Potential limits on parental involvement

Having the correct paperwork and identification
Job insecurity
Language and literacy barriers
Fear of driving
Difficulty gaining trust

Students who feel that they don’t “belong” anywhere
Education as a priority in light of challenges

Assimilation is about more than language and communication — its about adapting to an entire new culture: a few newcomers played with the water fountains every time they passed. The water came to them, they didnt have to walk or wait in line to get it just once daily

Latino students may not have language barriers; their parents will.

Newly arrived refugees will need more cultural and language adjustment assistance as well as trauma— need greater support systems in the schools

Refugees will have less stress about their status and legal standing, while Latinos are very worried about deportation. Even though a Latino high schooler may have been here since the age of 3; he may feel much less secure in his future than a newly arrived Syrian refugee. One may look more assimilated than the other. Both groups concerned they don’t belong.

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Basic Do’s and Don’ts

Do

Show that you are an “ally” or “safe” in your actions, not just words
Work with trusted partners
Ask before helping or sharing a person’s private information with others
Give visible (though often subtle) signs of welcoe
Inform and support impacted individuals
Use your privilege to protect those without that privilege

Do Not

Ask for or retain any more information than you absolutely need
Ask anyone about their immigration status
Expect people to share their story or their status
Tell people who are personally impacted how they should feel
Make decisions for impacted individuals
Share info without verifying validity and authenticity
Offer reassurances.
Give immigration (or other) legal advice.

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HOW SCHOOLS CAN SUPPORT IMMIGRANT STUDENTS AND FAMILIES

(Also applies to service providers.)

Collect and retain as little student and parent data as possible. (Do not ask for SSN, place of birth, immigration status.)
Eliminate visitor policies and programs like Raptor that require identification and keep personal information
Provide bussing
School as a sanctuary/safe place

Not necessarily public declaration
Be clear in communication and leadership
Train those who need to be trained
Limit role of SROs

Extra support to help all students be ready to learn: liaisons, counselors, etc.
Prepare for racism, hate, inflammatory rhetoric in response to supportive language or actions
Communicate harassment and anti-bullying policies
Multilingual communications
Use diversity as a learning opportunity for all students and staff - but respect privacy and cultures
Visible signs of welcome
Providing services retains students and funding!

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HOW INDIVIDUALS AND GROUPS CAN SUPPORT IMMIGRANTS

Educate yourself about what is happening, what immigrants’ experiences are and what will change under this administration.
Practice your principles. Be vocal and correct falsehoods among friends and in public.
Make places of worship sanctuary sites and venues for education and dialogue.
Use diversity as a learning opportunity for all; but respect privacy and cultures.
Hold elected officials, schools and groups you are a part of accountable (not necessarily publicly).
Become part of support teams to witness if raids or detentions occur locally.
Help immigrants complete emergency planning.
Support immigrant owned businesses.
Show visible signs of support.

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For More Info: Know Your Rights

Know Your Rights and Have a Plan by Atty. Molly Smiltneek

This is not legal advice.
Slide deck
To schedule a presentation contact AttorneyMollySmiltneek@gmail.com

ACLU of WIsconsin Immigrant Rights

Derechos de los Inmigrantes

ACLU of Wisconsin Know Your RIghts: Police Encounters

Español

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For More Info: Planning/Emergency Response

ICE Detainee Locator System

Catholic Charities of Milwaukee Legal Services for Immigrants Referral List