FIRINNE LEGAL EDUCATION LLC

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CONTINUTING LEGAL EDUCATION

IMMIGRATION LAW V. IMMIGRATION POLICY

MICHAEL J. FINNEGAN, ESQ. –INSTRUCTOR

GENERAL COURSE INFORMATION

Course Title:Immigration Law v. Immigration Policy

Instructor:Michael J. Finnegan, Esq

Instructor’s Phone:(412-952-8716)

Instructor’s Email:

Date and Time: April 20, 2018 – 12 Noon – 4:10 PM

Location: Holiday Inn Express, 3936 Monroeville Blvd.

Monroeville, Pa. 15146

4 CREDITS (4) substantive credits

COST: $110

COURSE DESCRIPTION – This continuing legal education lecture will focus on US Immigration Law and Immigration Policy. There will be a discussion regarding the civilizational forces which are driving global immigration.

  1. COURSE OBJECTIVES: Attendees will: 1) become familiar with key provisions of the Immigration and Nationality Act. 2) be able to describe the dynamics driving the immigration policy.
  1. SOURCE MATERIAL: Immigration and Nationality Act, Clash of Civilizations and the Remaking of World Order, (1994) Huntington, Who Are We? (2004) Huntington, Civilization, Nial Ferguson, Relevant articles from newspapers of record: New York Times, The Atlantic, New York Post, The Washington Post. Pew Research Center, MigrationPolicy.org,
  1. OUTLINE
  1. The Immigration and Nationality Act, or INA, was created in 1952
  1. The McCarran-Walter bill of 1952, Public Law No. 82-414, collected and codified many existing provisions (Title 8 of the U.S. Code)
  2. Relevant Provisions:
  3. ACT 201 - Worldwide level of immigration.
  4. ACT 202 - Numerical limitation to any single foreign state.
  5. ACT 203 - ALLOCATION OF IMMIGRANT VISAS
  6. ACT 207 - Annual admission of refugees and admission of emergency situation refugees.
  7. ACT 208 – Asylum
  8. ACT 209 - Adjustment of status of refugees.
  9. ACT 210 – Special agricultural workers.
  10. Additional Relevant Provisions
  11. ACT 216 - Conditional permanent resident status for certain alien spouses and sons and daughters.
  12. ACT 216A - Conditional permanent resident status for certain alien entrepreneurs, spouses, and children.
  13. ACT 217 - Visa waiver program for certain visitors.
  14. ACT 218 - Admission of temporary H - 2A workers.
  15. ACT 219 - Designation of foreign terrorist organization
  16. Ignored Provision of Immigration Law
  17. Sec. 349. [8 U.S.C. 1481] - Loss of nationality by native-born or naturalized citizen

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  1. The Geopolitical Origins of the U.S. Immigration Act of 1965 [LEGAL IMMIGRANTS]
  1. Until 1965, the national-origins quotas created a preference for immigration from countries in Northwestern Europe (Preference for Western Civilization)
  2. restricted immigration from Southern and Eastern Europe
  3. Tightly restricted immigration from Asia, Africa, and the colonized Caribbean.
  1. The European and Canadian share of legal immigrants fell from 60 percent in the 1950s to 22 percent in the 1970s
  1. By contrast, the Asian share of legal immigration rose from 6 percent in the 1950s
  2. 35 percent by the 1980s
  3. 40 percent in 2013.
  1. The demographic diversity of the U.S. population today in many ways is the direct result of the 1965 legislation.
  1. Other western countries later followed the US lead in removing their race-based policies
  2. Canada in the 1960s,
  3. Australia in 1973
  4. Britain in 1981
  5. New Zealand in 1986.
  1. Who Are Today’s Legal US Immigrants?

  1. In 2014
  2. 1.3 million foreign-born individuals moved legally to the United States
  3. 11 percent increase from 1.2 million in 2013.
  1. India was the leading country of origin for new immigrants
  2. 147,500 arriving in 2014
  1. China was second
  2. 131,800 arriving in 2014
  1. Mexico was third
  2. 130,000
  1. Illegal Immigration
  1. Visa Overstays – (people who apply for and receive a US Visa to enter but do not leave)
  2. OVER 40% OF UNDOCUMENTED IMMIGRANTS ARE OVERSTAYS
  3. According to the Department of Homeland Security, almost 500,000 immigrants who entered the U.S. legally last year overstayed their visa.
  4. according to Immigration and Customs Enforcement, the agency removed fewer than 3,000 overstays, or less than 1 percent
  1. The Remaining 60% of Undocumented Immigrants Cross the Border Illegally
  2. The number of unauthorized immigrants living in the country from an estimated
  3. 5 million in 1986 to
  4. 11.1 million (2013),
  5. [ 13 million 2016]
  1. Congress tried to fix immigration back in 1986 [and of course broke it worse, [see E.]]
  2. There was a path to citizenship for existing illegal immigrants (amnesty), coupled with tighter border enforcement
  3. The law was supposed to put a stop to illegal immigration into the United States once and for all.
  1. The Exact Opposite Happened.
  2. The Number of Unauthorized Immigrants increased 130% (5 million to 13 million)
  3. However, The law awarded green cards to about 2.7 million immigrants
  4. It was the largest legalization program in U.S. history
  5. However, 2 million unauthorized immigrants never left
  1. 1986 Immigration Reform Failed
  2. Weakened sanctions against employers who hired undocumented immigrants to attract support from the business community.
  3. LAW OF SUPPLY AND DEMAND – NYT investigation in 1989 found the law increased illegal immigration after 1986
  1. Refugees Influence on Immigration (Separate Quotas)
  2. FY 2013 – 69,926 refugees
  3. FY 2014 – 69,987 refugees
  4. FY 2015 - 69,933 refugees
  5. Burma, Iraq, and Somalia were the primary countries of nationality, accounting for 57 percent (39,920) of all refugees admitted in 2015
  6. The remainder were from the Democratic Republic of Congo (DRC), Bhutan, Iran, Syria, Eritrea, Sudan, and Cuba.
  7. FY 2016
  8. Obama administration increased the refugee admissions ceiling for FY 2016 to 85,000
  9. 10,000 specifically designated for Syrians
  10. Derivative Asylees - Spouses and unmarried children under the age of 21 who were listed on the principal’s asylum application but not included in the principal’s grant of asylum may obtain derivative asylum status from the principal asylee.
  11. These “Derivative Asylees” do not count against total
  1. Undocumented Immigrants From Latin America
  2. Gold Cup Soccer Game, Los Angeles, Feb. 1998
  3. There were 11.3 million unauthorized immigrants in the U.S. in 2014
  4. Mexicans make up about half of all unauthorized immigrants (49%)
  5. President Obama’s executive action on immigration, announced Nov. 20, 2014
  6. Would expand deportation relief to almost half the unauthorized immigrant population
  7. It is presently on hold due to court challenges

  1. Clash of Civilizations? - Huntington’s View
  2. The End of US/ Soviet Global conflict in 1993, triggered a Conflict Among Civilizations
  3. East v. West
  4. Orthodox v West
  5. Sinic v West
  6. Latin American v West
  7. Who Are We
  8. American Identity
  9. Does America Need a Third Revolution?
  10. 21st Century – Century of Religion
  11. The importance of Geographically Remote Co-Religionists
  1. DACA - Deferred Action for Childhood Arrivals
  2. Small but politically powerful group of young immigrants.
  3. Archduke Ferdinand of Government Shut Down War

Faculty Description – Michael J. Finnegan, Esq.

Michael J. Finnegan, Esq. received his undergraduate degrees in journalism and law enforcement from Penn State University, and a law degree from the University of Pittsburgh in 1983. Finnegan has been a member of the Pennsylvania Bar since 1983. From 1983-2004, Finnegan served as a Special Agent of the Federal Bureau of Investigation. After retirement from the FBI, he became an assistant professor in the criminal justice program, School of Arts and Sciences, Point Park University from 2006-2013. He has presented Pennsylvania Continuing Legal Education Board approved legal lectures through The Cape Institute from 2014-2018. Among his career highlights, Finnegan was a member of FBI/NYPD Joint Terrorism Task Force from 1988-1993 and served with the Pittsburgh Terrorist Task Force 2000-2004. During his FBI tenure, he received letters of commendation from FBI Director William Sessions, U.S. Attorney General Janet Reno, U.S. Attorney Mary Jo White, EDNY, and FBI Director Louis Freeh. Finnegan won the FBI's Major Case Incentive Award Pittsburgh Division in 2000 and 2004, and the Law Enforcement Agency Director's Award in 2003. His work in capturing the Black September Terrorist has been covered on ABC News, MSNBC and NPR, among other media. He brings his law enforcement experience to bear on topics of national security.