STAMFORD

By TOM EVANS

Hour Staff Writer


Misconceptions about immigration -- both legal and illegal -- continue to cause problems in a system that produces more questions than answers, according to attorney Philip Berns.

Berns spoke in the fourth-floor cafeteria of the Government Center on Sunday morning, and he tried to impress upon the 15 people gathered the "Catch-22" nature of immigration at the event, sponsored by the American Civil Liberties Union of Fairfield County.

"We have to commit to learning immigration law," Berns said. "The two most complex areas of U.S. law are tax law and immigration law. When someone makes a mistake in an immigration case, it can have lifelong effects. Being deported means exile to a country that's changed since (those affected) were there."

Berns said the immigration system in this country "stumbled along" from 1953 to 1996, when immigration "was awkward, but people could legalize their citizenship," Berns said.

"In 1996, two years after the 104th Congress -- the first Republican majority in 30 years -- came in, new immigration laws created far more difficulty for (the immigrants) to fix their immigration situation," Berns said. "Republicans got rid of due process, and can give people 'expedited removal' or a mini deportation without due process of law. The 104th Congress made life for immigrants difficult, if not impossible."

One of those immigration quandaries surrounding the post-1996 immigration laws deals with those people who have been in this country illegally for more than a year.

"The provision, but for a very few exceptions, says if you have a legitimate sponsor, and if you've been in the United States illegally for more than one year, if you leave -- even to get papers at a consulate -- you can't come back for 10 years," Berns said. "To get a green card, you can't leave the United States. If you leave the United States, you can't come back for 10 years. In order to get a green card, you have to die first."

Berns said that if someone is in this country illegally for 180 days, they can face a three-year deportation penalty.

Estimates put the number of illegal aliens in the country at 12 million, even if Berns admits he has "no idea where that 12 million count comes from."

"It's hard to count all the people in the United States, with the undocumented immigration," Berns said. "Illegal immigrants may be under-counted. Lots of immigrants know the truth. Many (immigrants) are more sophisticated and better informed than citizens. They know Immigration and Naturalization Services are targeting an individual because of a crime or an order of deportation."

Berns said new proposals established three years ago started INS doing workplace raids -- a practice that can find hundreds or thousands of illegals.

"One of the quickest ways to get deported is to have a person fill out your residency papers," Berns said.

Financial considerations play a significant role in immigration - and hot it is perceived.

"One of the lies is that America would be better off if all of the illegal/undocumented immigrants were deported," Berns said. "Five percent of the American workforce is undocumented; if we shipped them out, what would happen? Large swaths of grocery shelves -- including meat, dairy and produce -- would be empty. Construction, the restaurant industry, hotels, and landscaping would all but shut down. Who would take care of our children and elders? Across the board, our economy and way of life would be damaged."

Berns noted that in Stamford, for example, if five or more kids are hanging out together, it's inevitable one of them is an illegal immigrant.

Among the many misconceptions is the myth that undocumented immigrants do not pay taxes," Berns said. "In fact, all of them -- directly or indirectly -- pay state sales and local property taxes, and most pay state and federal income taxes. They have paid more than a third of a trillion dollars into the Social Security system -- money they can never collect."

Berns got zero correct responses from the room when he asked what type of law was broken by illegal immigration. Being here illegally is neither a felony nor a misdemeanor.

"I'm willing to concede that every violation of (U.S.) law would come with consequences," Berns said. "But being here without permission is clearly a violation -- a civil violation of immigration law, just like littering, parking tickets, or paying income taxes on April 16."

Berns said becoming a naturalized citizen is becoming ever more difficult.

"An undocumented immigrant can qualify for papers," Berns said. "Between being illegal here and citizenship is 'greencardville.' There's no way to go from nothing to citizenship without a special act of Congress. Some people say just fill out the paperwork and legalize, but that's so untrue. Since 1996, it is all but impossible for immigrants to come legally to work and, once they are here, all but impossible for the vast majority to ever legalize. The immigration system is one Catch-22 after another."

http://www.thehour.com/story/481871