how immigrant attorney can protect racism

by Freda Predovic 5 min read

What is immigrant discrimination and how can it be prevented?

Racism and the US Immigration System. Immigrant Legal Center’s mission is welcoming immigrants into communities with high-quality legal services, education, and advocacy. We are committed to welcoming and inclusivity work, intentionally striving for a world where Black lives matter, no person is illegal, and no human being is superior to another.

What are the anti-discrimination laws for immigrants?

Feb 17, 2022 · As a Black person and an immigration attorney who works inside detention centers, I know that Black immigrants are being brutalized, dehumanized, and rendered invisible by the system. Anti-Black racism is ingrained in the U.S. immigration system, from courtrooms to detention centers, just as it is throughout U.S. culture and society at large.

Does law enforcement have a racist bias against black immigrants?

Jan 28, 2018 · Attorney Chris M. Ingram also believes that everyone should be able to have a free consultations so that potential clients can speak personally and confidentially with an immigration specialist and discuss their US Visa, Work Permit and Green Card needs and learn about how we can help them achieve the American Dream.

What is immigration discrimination?

Jul 25, 2018 · Immigrant discrimination is the unfair or unequal treatment of a person or group of persons based on their classification in a “protected status”, such as race, national origin, sex, religion, and political background. Anti-discrimination laws prohibit such conduct as harassment or preferential treatment based on the person’s background.

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Living in Bubble

We all live in our own bubble and often don’t make an effort to reach out and create a space to talk about inconvenient truths. We haven’t reconciled with or learned from America’s racist past.

Negativity Against Immigrants

I often think that maybe if I had reached out to people who are different, they would not be so skeptical of my racial, cultural, and religious identity. Much of the negativity against immigrants appears to stem from a lack of knowledge or interaction on a personal level.

Bringing Change

I can no longer afford to sit on the sidelines and go on with my business as usual. To bring about a change, I need to present counter-narratives to the negativity surrounding the term immigrant. I can start by reaching out to my neighbors, by inviting them over for lunch or dinner.

What is the Immigration and Nationality Act (INA)?

The Immigration and Nationality Act (INA) is a federal immigration law that requires employers to hire only employers with proper work authorization. However, INA also contains anti-discrimination provisions that reach out to protect employees.

What is Prohibited Under the Immigration and Nationality Act?

The INA anti-discrimination protections cover various employment aspects such as recruitment, hiring, and firing decisions. Under the INA, an employer cannot engage in any of the following:

What Can Employers do to Prevent Discrimination?

While it is against the law for employers to knowingly hire illegal immigrants, they also cannot make decisions that are discriminatory against immigrants. They also cannot enforce or maintain work policies that are discriminatory in nature.

Do Immigrant Worker Have Rights?

Immigrant workers who are in the U.S. under a valid employment visa and work permit generally have similar rights to any other workers in the country. In fact, due to their background, they may also have specific rights that protect them from issues like harassment and employment discrimination against immigrants.

Do I Need a Lawyer if I Have Immigrant Discrimination Issues?

Anti-discrimination policies should be followed very carefully in the workplace. Discrimination violations can carry very serious legal consequences, especially with the recent changes in immigration laws in some states.

What is the Immigration and Naturalization Act?

The Immigration and Naturalization Act replaced the previous quota system with “a preference system based on immigrants’ family relationships with U.S. citizens or legal permanent residents and, to a lesser degree, their skills.”.

When was the first immigration law passed?

The History of U.S. Immigration in the 1800s. Our nation’s very first immigration law passed in 1790, creating a process to grant naturalized citizenship to immigrants who had lived in the United States for at least two years.

What is the history of immigration?

It is common to refer to the United States as a nation of immigrants, but the reality is that immigrants in our nation have been scapegoated, exploited for cheap labor, and treated as second-class citizens for hundreds of years.

When did the Chinese exclusion act start?

Congress passed several laws to exclude Chinese immigrants from the country and society. In 1882, Congress passed the first of three Chinese Exclusion Acts, banning additional Chinese immigration.

When the economy needs immigrant labor, restrictions decline and immigrants are welcomed into the country?

A noticeable pattern emerges throughout our nation’s history of immigration: when the economy needs immigrant labor, restrictions decline and immigrants are welcomed into the country. However, if circumstances change and immigrant labor is no longer needed, the U.S. position on immigration shifts to restriction, deportations, and xenophobic rhetoric.

When was ICE created?

The Immigration and Customs Enforcement agency, also known as “ICE” was created in 2003, as part of the national response to the September 11 attacks. Throughout President Obama’s two terms, ICE conducted more than 2 million immigrant removals, more than any other president until that time.

What were the provisions of the Treaty of Guadalupe Hidalgo?

The provisions of the Treaty of Guadalupe Hidalgo included safety and protection of: land ownership, language, and culture for Mexicans living in that territory, as well as access to U.S. citizenship.

What are the rights of an undocumented worker?

Like any employee, you have the right to be paid for the work you do, at minimum wage, at least, plus overtime pay when legally required.

Why are workers' rights violated?

These rights are all too often violated, however, because employers know the workers don't want them to reveal their undocumented status.

What are the rights of a person?

Aspects of the Constitution that address certain basic human rights apply to all people, even those who lack proper documentation. Examples of these rights include: 1 the right to due process (fair treatment according to established rules and principles) in legal proceedings 2 the right to have the laws protect you in the same way they do everyone else 3 the right to a jury trial and to defend yourself if arrested (including arrests by immigration authorities) or sued 4 the right to organize or be part of a labor union 5 the right to be protected against unlawful search and seizure 6 the right not to testify against yourself in court 7 the right to file a civil lawsuit if you've been harmed, and 8 the right not to be discriminated against.

What is due process?

the right to due process (fair treatment according to established rules and principles) in legal proceedings. the right to have the laws protect you in the same way they do everyone else. the right to a jury trial and to defend yourself if arrested (including arrests by immigration authorities) or sued.

How long can you stay in the US?

For starters, staying in the U.S. beyond 180 days is a ground of "inadmissibility" under U.S. immigration law. That means if the person tried to apply for a U.S. green card, he or she would likely be barred for the following three years. The number jumps to ten years if the unlawful stay was for 365 days or more.

What does "defend yourself" mean?

It also means that if someone sues you over a civil matter (for example, alleging that you owe money for having breached a contract or done damage to the other person's property), that you have the right to receive notice and to defend yourself in court. Also see "Defense Against Removal," below.

Can an employer hire an undocumented immigrant?

It is against federal law for an employer to hire an undocumented immigrant, and they face financial and other penalties if they do so. If you accept a job in the U.S., then on your first day of work or soon after, the employer will (if obeying the law) check to make sure you have a green card, visa with work privileges, work permit (also called an employment authorization document or EAD), or naturalization document (meaning the person has become a U.S. citizen).

What is the New Jersey law against discrimination?

In addition to federal protections, the New Jersey Law Against Discrimination (NJLAD) protects employees and job applicants from any unfair or adverse treatment.

Is the United States a nation of immigrants?

The United States is often called a nation of immigrants, and this is also true in the workplace, as people born outside the country made up 17.4% of the labor force in 2019. However, discrimination against immigrants in the workplace continues to be a common problem.

What is the IRC?

International Rescue Committee – With locations all over the world, including in 29 American cities, the IRC’s mission is “to help people whose lives and livelihoods are shattered by conflict and disaster to survive, recover, and gain control of their lives.”.

What is the number for Avvo?

[UPDATE: Following the Department of Justice’s announced plans to close the Deferred Action for Childhood Arrivals (DACA) program, Avvo has launched a free hotline (1-888-380-4056, Monday through Friday from 7 a.m. – 5 p.m. PST) for DACA program recipients facing legal issues and questions.

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Media’S Portrayal

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The media’s portrayal of stereotypes exacerbates racism. First, there is hardly any representation of minorities in the media, and existing depiction is marked by typecasting people of color: black gangster, Muslim terrorist, Latino criminal. There are numerous examples. The spy thriller TV show Homeland, for instance, portray…
See more on theglobepost.com

Living in Bubble

  • We all live in our own bubble and often don’t make an effort to reach out and create a space to talk about inconvenient truths. We haven’t reconciled with or learned from America’s racist past. I have lived here for over a decade now, but for the most part, only interacted with people similar to me. Most of my friends are either Pakistani Americans or Indian Americans. Culturally, I feel co…
See more on theglobepost.com

Negativity Against Immigrants

  • I often think that maybe if I had reached out to people who are different, they would not be so skeptical of my racial, cultural, and religious identity. Much of the negativity against immigrantsappears to stem from a lack of knowledge or interaction on a personal level. This is probably true for other immigrant communities too, who live in their own silos. However, the cos…
See more on theglobepost.com

Bringing Change

  • I can no longer afford to sit on the sidelines and go on with my business as usual. To bring about a change, I need to present counter-narratives to the negativity surrounding the term immigrant. I can start by reaching out to my neighbors, by inviting them over for lunch or dinner. I can expand my social circle by hanging out more with parents at my kids’ schools. I can volunteer in the com…
See more on theglobepost.com