The following is a facebook share posted by Eric Pavri, an Immigration Lawyer.
It is a long post and it is very informative.
By Eric Pavri
February 12 · Colorado Springs, CO
I'm an immigration lawyer. I know that many of my Facebook friends, who are good and intelligent people, honestly have questions like the following: Why don't all these immigrants just become legal, and do they get all kinds of public benefits?
I hope you'll read what I wrote here in the spirit in which it was intended, which is to cut through the BS (from poorly-informed but loud voices on both the left and right) and simply provide correct information so that people can decide for themselves what is right and best.
I recently wrote the comment below to a Facebook story from a local news channel, about a teacher here in Colorado Springs who has DACA.
To several of the commenters on this thread – first, I want to acknowledge that asking why people don’t just become citizens, or whether people without legal status can get public benefits that U.S citizens cannot, are legitimate questions. If they are asked in good faith, no one should mind you asking them.
Therefore, let me answer your questions. Please know that I am well-informed on these topics, as an immigration lawyer for the past 8 years, the past six of those in Colorado, and currently the Director of Family Immigration Services at Catholic Charities of Central Colorado (most of you know us best as the organization that runs the Marian House soup kitchen). You may verify those statements by entering my bar number (44591) on the Supreme Court of Colorado website (http://www.coloradosupremecourt.com/Search/AttSearch.asp) or viewing our Catholic Charities website (https://www.ccharitiescc.org/).
First, as to why young people who have DACA haven’t just become citizens:
To become a U.S. citizen (other than by birth), one must first become a Lawful Permanent Resident (“green card” holder). Only after five years as a Permanent Resident can you apply to become a citizen. Thus, the obvious next question: how does a person become a Permanent Resident? There are three primary options to do so:
Extra note: The current Administration has actively sought to eliminate or dramatically limit Options #1 and #3. The new term being used in the attempted re-branding of Option #1, family-based immigration, which has been the basic principle of U.S. immigration law for over a century, is “chain migration”. If those two options are in fact eliminated or curtailed, legal immigration to the U.S. will be significantly reduced.
The KEY POINT to all of the above: If you do not qualify for one of these 3 options, then there is no “line” to get into to legally become a Permanent Resident and eventually a U.S. citizen. So, if you are not fortunate enough to have, say, a U.S. citizen spouse or a graduate degree in computer science, you very likely can never become a citizen of the United States.
Second, one commenter above asked why President Obama, when he established DACA in 2012, did not just create a path to citizenship for these young people at that time. The answer: earlier that year, Congress had for the 11th year in a row failed to pass the Dream Act, which would have done exactly that. The President acting through his authority as head of the Executive Branch cannot create a path to Lawful Permanent Residency (and eventual US citizenship). Only a law, passed by Congress and then signed by the President, can accomplish that. So President Obama on June 15, 2012 created the more limited DACA program through Executive Action – which is why President Trump, as the new President, was able to end the program, also without an act of Congress, last fall.
Finally, as to the question of immigrants receiving public benefits, only a U.S. citizen or a Lawful Permanent Resident (green card holder) can receive almost all types of public benefit – including Medicaid, Medicare, SSI disability, Social Security payments for seniors, TANF, and food stamps. The irony: most undocumented immigrants work under made-up Social Security numbers and so receive a paycheck from which Social Security, federal income taxes, and state income taxes are withheld, and of course they pay the same local sales and property taxes as anyone else through retail purchases, pass-through costs of apartment leases, etc. Same of course goes for the 800,000 current DACA recipients, who are authorized to legally work in the U.S. But none of those employees, despite paying IN to the system, will ever receive those public benefits listed above, that are paid for by the money withheld from their paychecks. So they are propping up our federal and state government entitlement programs because they pay in but won’t ever take out.
The following are the public benefits that undocumented immigrants can receive in United States:
And that's it. Those, to the best of my knowledge, are the only public benefits that an undocumented immigrant can receive in just about any part of the United States. As someone who directs a small office that works with hundreds of low-income immigrant families per year, know that when I see the precarious economic situation of many of these families, I'd help them access other benefits if they could. But they simply can't. Now, children of undocumented parents, born in the U.S., are U.S. citizens under the 14th Amendment (the one that declares that all human beings born on U.S. soil are citizens – this was passed immediately after the Civil War to forever end the legal argument that African Americans were not U.S. citizens). As such, those children can qualify for the same public benefits as any other U.S. citizen, if they qualify through economic need or disability. But their parents or undocumented siblings cannot.
I hope that this information has been useful to those willing to read through this long (for Facebook anyway) explanation. Please know that even this long summary leaves out a ton of detail -- there are tens of thousands of pages of statutes, regulations, internal federal agency procedures, and court decisions guiding how all of this is interpreted and implemented. But please take my word that I honestly believe that no detail I omitted for conciseness changes the basic points above. And I'd be happy to answer questions if you have them. Like I said, I don’t mind honest questions, and I believe that legitimate questions asked in good faith deserve well-informed, accurate answers. If all of us in the U.S. would be willing to actually listen to each others’ sincere concerns and do our best to answer each others’ questions, instead of just yelling at each other or retreating to our corners of the internet (left OR right) where everyone already agrees with us – well, I think we’d move our nation forward a lot more effectively.