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Shannon Henry
Professor Thomas Wright
ENC 3331
8/5/2016

The Identification of Legal Immigrants living in America in conjunction to Deportation

laws
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Table of Contents
Introduction ....................................................................................................................................3

Marijuana ................................................................................................................................... 3-4

The Laws and your Immigracy ................................................................................................ 4-7

Effects of Deportation ................................................................................................................ 7-8

Legal of Immigrant .................................................................................................................... 8-9

Conclusion ......................................................................................................................................9

Plan for Rhetorical Action ...................................................................................................... 9-11

Bibliography .................................................................................................................................12

Appendix ................................................................................................................................. 14-15

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Introduction

Being a legal immigrant in a country can be a very interesting yet a scary experience, especially

in the current climate that we have today. With the various anti-immigrant rhetoric used in

politics today and in every day conversation, as legal immigrant myself, I can’t ignore the

nagging uneasiness in my subconscious. As a legal-immigrant I am allowed to live in the country

and have access to almost all the unlimited resources that a citizen has the privilege of enjoying

yet I am also an immigrant, a foreigner that has moved to a new country seeking something more

than what my home country can offer. This paper has been very difficult to write because as we

speak one of my closest friend is in the process of being deported. My friend was here one day

and then suddenly he was gone, without a word or message, he was gone. Later, I was told by

family members that he was apprehended by immigration officials for immigration violation for

being convicted of drug offense, this being his only offense. I found myself questioning,

wondering how is this possible? In this piece I will look at the term legal immigrant and what

that means in America today. Also I will look at how the laws are constructed based on the

rhetoric of today and the cultural definition of the term immigrant. In addition, I will expand on

some of the consequences that has arisen because of these laws and make suggestions as to how

legal immigrants can strengthen their position in America.

Marijuana

Marijuana also known as cannabis or hemp is psychoactive drug used by many all over the world.

Many states such as Alaska, Arizona, California, Colorado, Connecticut and the District of

Columbia have legalized the use of marijuana for medical purpose. Only Colorado and

Washington have legalized marijuana for recreational purposes. With states slowly

decriminalizing and legalizing marijuana this makes the issue of the deportation for legal
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immigrant much more profound. According to the Huffington Post, in 2014 an arrest for marijuana

possession occurred at “a rate of about one arrest every 51 seconds” (Wing, N). Yet an arrest for

marijuana possession for a legal immigrant does not carry the same weight as that of a citizen of

the United states. A conviction for a drug offense carries a heavier penalty and for most a life

changing consequence.

The laws and your legal immigracy

The new drug policy ruled out by the Obama administration has helped many citizens gain their

freedom by changing their approach from a campaign of “The war on drugs” to “Smart of drugs”

campaign which is a more scientific based effort. By looking at each case individually, which has

proven to be more effective, it has helped thousands gain redemption specifically those who have

committed minor offences. Yet in light of this, it has empowered immigration officials by shifting

the issue from one branch to another branch. By weakening one cause or branch and granting

greater power to another. So instead of mass incarcerations, there are mass deportations for legal

immigrants.

Once a person is apprehended then arrested they are tried in criminal court first. After the trial,

they are sent for sentencing. In this process a person can be charged with violating many offenses

but would end up with one conviction, based on the judge’s decision. This usually happens in

criminal or civil courts. Otherwise, once a verdict is rendered the individual is released back into

society or serves time in prison. If they are not citizens, they will be apprehended by immigration

official and tried in the immigration courts after they have completed their time in the criminal

system. Usually a verdict of deportation or release are rendered.

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In this piece, I will be focusing most of my attention on minor drug offenses that lead to a

conviction. For instance, marijuana use or possession. The deportation of legal immigrants who

are first time drug offenders is unjust and infringes on many legal resident’s constitutional rights.

According to the UCLA review board, “noncitizens charged with low-level marijuana offenses are

often denied the right to complete and comprehensive advice regarding the immigration

consequences of the charges they face, likely in violation of the Sixth Amendment right to counsel”

(Cunning, J). Many individuals with these low level offenses often plead guilty not realizing the

consequences that follow after that decision is made. For others, who do have counsel for more

serious crimes, are often at a disadvantage because of lack of knowledge and understanding of the

laws governing them and the wrong advice from counsel that follow. This was changed, for most,

by the Padilla vs Kentucky case, which was a landmark case stating that the “Sixth Amendment

right to effective counsel does include affirmative and accurate advice on the technically civil

immigration consequences of criminal charges” (Cunning, J).

For legal immigrants who are first time offenders of minor drug offenses such as marijuana

possession, a verdict stating that a person should be deported by an immigration judge is unjust

and is disproportionate to the actual offense. In today’s society we talk about excessive use of

force by the police of citizens, yet this same excessive use of the force is being applied to

permanent residence, using the law, without taking the actual offense into consideration. This also

goes against their right to a just and fair trial, if individuals aren’t being equipped with the right

tool in order to make an adequate decision or a chance to fight for their freedom then the law is

taking advantage of individuals instead allowing justice to prevail. In criminal and civil court,

many cases and verdicts are rendered based on the severity of the crime or conviction yet this does

not happen in the immigration courts.

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Legal immigrants who are first time offenders, were granted legal access to work and live in

America, yet if they find themselves on the other side of the law, then the consequences are double

that of the offense based on the broad wording of the laws governing them, especially those with

minor convictions. According to the Immigration and Nationality Act (INA’s), law, section 237

(a)(2)(B)(i) enforces that an immigrant “at any time after admission has been convicted of a

violation of…any law or regulation…relating to a controlled substance’ deportable” (Cunning, J).

This phrasing of the law takes a generalized approach to resolving conflict versus analyzing each

case on an individualized basis. This law when combined with a drug conviction allows many

legal immigrants to be a valid candidate for deportation even if they are first time offenders. A

trial, in a criminal court leads to verdict, then there’s the sentencing. Usually during the sentencing,

the judge decides the punishment for the crime. Punishment can range from jail time to probation

to house arrest or even community service and so forth. In immigration court there are no trials,

only a judge who decides whether you are to be deported, held or released, there are no alternative

options available for legal immigrants and that in itself is the problem.

The only way a legal immigrant can avoid deportation is the “personal exemption use” law where

a legal immigrant can avoid deportation if they are convicted of a “single offense involving

possession for one’s own use of 30 grams or less of marijuana.” (Cunning, J). Yet despite this

opportunity to avoid deportation many continue to fall outside the exemption and are unable to use

the law. So for instance, if a person who is in possession of marijuana is accompanied by a friend

or is in the presence of another person unbeknownst to him, this exemption does not apply even if

the other person does not use the drug. For instance, in the case of Luis Benjamin Martinez

Mercado, a legal immigrant, he was convicted of two drug offenses, possession of marijuana and

paraphernalia. He was unable to use the personal use law because “it read the term ‘offense’ as
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‘conviction’ and rejected the argument that ‘offense’ should be understood as ‘act’” (Cunning, J).

To read ‘offense’ as conviction its moving from looking at what was done wrong to casting down

judgment which is synonymous to forensic discourse. Its focusing on the action and deciding right

or wrong without considering other factors that surround the issue.

Effects of Deportation

Deportation not only affects citizens financially but also the deported families as well. The impact

of deportation on the mind of the children through this experience is one to take note of. If a person

is the son or daughter of a legal immigrant, this in itself is a part of their identity. If the visual

symbol of deportation represents the rejection of this aspect of who they are, then this ultimately

creates a divide and conflict in the lives of the children. By deporting a child’s parent or parents

this creates a “climate of fear, distrust … [and] impacts a child’s self-concept and relationship with

the United States, its government and authorities” (AJO). This separation of families increases the

risk of kids behaving negatively and aggressively to persons in authority such as a teacher, a

caregiver or the police. These types of separations aids in the creation of the environment we have

today, one of hostility towards their peers and also to law enforcements, causing a divide, this

ultimately has stunted the growth of the nation. Deporting legal immigrants, who usually are

usually the breadwinners of the household, not only impacts the children negatively but by

deportation you are forcing a family to rely on assistance from the government. According to the

CIS, “In 2012, 51 percent of household headed by an immigrant (legal or illegal) reported that they

used at least one welfare program during the year compared to 30 percent of native household.”

These statistics will only get higher as more and more legal immigrants are being deported. As a

nation we are creating a country where the children are looking to the system as their main provider
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instead of learning to be an independent, self-sufficient and liberated citizen of America which is

one of the core values of the country.

Legal or Immigrant?

Legal immigrants in America hold a very peculiar place in the country, they are neither citizens

nor are they illegal immigrants. They are the silent in-betweens. Yet, they can identify with those

on the either sides of an immigration issue. This consubstantiality allows a legal immigrant to not

only identify with a citizen by partaking in the standard requirement of a citizenship, e.g. filing

taxes and working legally, but they can also identify with the illegal immigrants who left their

country seeking refuge and opportunity in America. To be granted legal immigracy it represents

acceptance by your fellow peers, and by this, are persuaded to believe that the same laws that

govern citizen are only the same laws that govern legal immigrants, justly if brought before a

judge. Legal immigrants may also provide the answer to immigration reform because they embody

understanding and characteristics of both worlds. Yet if many continue to be rejected (deported)

then it also represents a rejection of other cultures and ideologies as well as rejection of change.

Intersectionality says that we are more than the sum of our parts, then as a legal immigrant, one is

more than a permanent resident or an immigrant, we are also parents, caretakers, students and so

forth. Therefore, if you reject these titles, your denying the importance of those roles in society. If

a person that embodies these qualities is rejected, you’re ultimately saying that unless you’re a

citizen, you are broken and not worthy of redemption and also that the circumstances surrounding

your case doesn’t matter leaving many de-valued.

The word immigrant carries a negative connotation in the USA because it is often paired with

“illegal” hence why many prefer the term permanent resident/legal resident. The negative

connotation of the word legal immigrant has carried over, unbeknownst to many, not only in
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everyday life but also in the way the laws are constructed. This is also evident in the inaction of

lawmakers to correct policies that are taking advantage of potential citizens and instead implement

more policies that would increase your chances of deportation. According to the American Journal

of Orthopsychiatry,

“The Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996, the Illegal Immigration Reform and

Immigrant Responsibility Act (IIRIRA) of 1996, and the U.S.A Patriot Act of 2001…made it more difficulty for

noncitizens to stay in the United States and reenter if deported, increased the offenses that were punishable by

deportation hearings and granted immigration officials and local police more authority when arresting someone they

suspect as unauthorized” (AJO)

Because legal immigrants or legal residents share a similar space with illegal immigrants, of not

being a citizen, as a result they also suffer the consequences of the actions of illegal immigrants.

The question arises, who am I to officials if I fall on the wrong side of the law? Am I judged as a

legal (potential citizen) or am I judged as an immigrant?

Conclusion

Laws are made to protect individuals and it is also a reflection of the current zeitgeist of the nation,

yet if the laws are used to incarcerate, hurt and tear families apart, then they are causing more harm

than good and a change is needed. Laws are necessary but in order to govern effectively then

immigration judges should tackle each situation on a case by case basis instead of classifying each

case under one big law.

Plan for Rhetorical Action

By immigration judges not looking at each case on an individual basis, and no further laws are

implemented or amended, this shows that many officials and citizens do not identify legal

immigrants as pre-citizens. By using resignification as a symbolic action, we are rejecting the

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terms- “legal immigrants, legal resident and permanent resident” because those terms do not

represent how pre-citizens view themselves while living in America and it is also misleading.

Because if you use take the terms legal and illegal, of any form, they both do not carry the same

weight. The titles legal immigrant, legal resident and permanent resident, are also a reflection of

the position a green card holder has in society as well as how various institutions view green card

holders. Through the use of resignification, we are attempting to strengthen the “legal” aspect of

the term “legal immigrant” with a new term called “pre-citizens”. This initiative will be used to

educate legal residents as to the various laws that govern them, aside from general laws, and to

educate pre-citizens as to their rights throughout any stage of their citizenship process. Also, the

“pre-citizen” campaign will manifest in the form of a “Pre-Citizen Rights Initiative” something

similar to a worker’s rights poster which are often posted at workplaces to remind and also

empower the employees at the workplace. Please refer to appendix 2 for a sample of the document.

This document will be distributed in various workplaces as well as on the UCF campus. This

initiative will not only empower many pre-citizens with knowledge but to also build a bridge of

understanding between citizens and the government officials to not only stand up for the rights of

pre-citizens but to provide a new identity for everyone on who a green card holder is in America.

This campaign will unfold in three stages: Awareness, Weight and Action.

Awareness will occur in two forms; The first is in the form of a billboard with an image of a person

being arrested with the phrasing below “Are you a green card holder? You could be next”. This

will catch the attention of the general public and will spark an interest and a conversation in the

minds of legal immigrants but it also confronts the current climate of anti-immigrant culture by

creating presence. Also to help move from the awareness level to the weight level of the campaign

I would distribute and paste (with permission) the Pre-Citizen Initiative at various workplaces
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especially those types of jobs and places that are frequented by green cards holder, for instance

international supermarkets, Bravo, Walmart, local cultural restaurants, shopping mall and so forth.

This document will be used to educate legal immigrants and to strengthen their awareness by

including facts.

Weight involves getting others onboard to support the cause, gaining more supporters in order to

move the process forward. In the weight aspect, I would create an online petition stating that we

would like legal immigrants to be referred to as “pre-citizens” instead of the former titles, and use

social media to spread the word. By creating new phrasing, I hope to encourage lawmakers to

amend and/or create laws that are in favor of legal immigrants instead of having an “anti-

immigrant” tone. Also I would work with the International Student Association at UCF to find out

if the conversation has occurred and how this conversation has occurred in the past and try to find

ways to get the message across and also work with them to get the initiative across campus. For

e.g. Have a speaking and interactive booth where people can easily sign the petition using their

phones and also share the page for anyone else that would like to support. Lastly, once a certain

number of people have signed the petition we would move on to the action section of the initiative.

I would present the signed petition to our local legislators and give the public defender the pre-

citizen initiative form, so that they can also distribute it to their clients, if they fit the criteria, in

hopes that this will provide basic information and understanding of their position and rights as a

pre-citizen. This initiative will help thousands of individuals and help to keep families together,

all of this would be the first step to a more positive and healthy way of viewing green card holders

and to create a more unified and healthy world in every way possible.
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Bibliography

1. Wing, N (2015); Police Arrested Someone For Weed Possession Every 51 Seconds in 2014
http://www.huffingtonpost.com/entry/marijuana-arrests-
2014_us_560978a7e4b0768126fe6506
2. Camarota, A. S (2015). Welfare use by Immigrants and Native Household. Retrieved at
http://cis.org/Welfare-Use-Immigrant-Native-Households

3. Brabeck, K. M., Lykes, M. B., & Hunter, C. (2014). The Psychosocial Impact of Detention and
Deportation on U.S. migrant children and families. American Journal of Orthopsychiatry, 84(5),
496-505. doi:10.1037/ort0000011

4. Cunnings, J. (2015). Nonserious Marijuana Offenses and Noncitizens: Uncounseled Pleas and
Disproportionate Consequences. UCLA Law Review, 62(2), 510-569.
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Appendix

Appendix 1: Plan for Rhetorical Action - Campaign cycle

Awareness Weight

Action

Pre-Citizen Initiative Campaign Cycle

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Appendix 2: Pre-Citizen Rights form