News Article:

Legal immigrants across the United States are facing hurdles in their quest for citizenship due to their involvement in the state-regulated cannabis industry, even in states where cannabis has been legalized. The federal government, despite the increasing acceptance and legalization of cannabis at the state level, still considers it illegal, creating a disparity between citizens and immigrants.

One such immigrant, Maria Reimers, who entered the U.S. legally, married an American citizen, and obtained a green card to work, found herself denied U.S. citizenship in 2017 due to her involvement in the cannabis industry. Immigration officials labeled her work in the state-regulated cannabis business as "illicit drug trafficking," despite its legality in Washington state. Consequently, Reimers' dream of becoming a citizen has been jeopardized, and she now faces restrictions that impede her from visiting her family in El Salvador out of fear of detainment upon her return.

The impact of this policy on legal immigrants in the cannabis industry is difficult to estimate, as the federal government does not track employment in the cannabis sector, nor do companies collect data on immigrant participation. However, with foreign-born workers comprising approximately 18 percent of the U.S. workforce, it is likely that thousands of immigrants, similar to Reimers, are vulnerable to immigration consequences for their cannabis-related work.

Advocates and U.S. Senators from states where cannabis is legal have called on President Joe Biden to address this issue. While President Biden has shown a more tolerant attitude towards cannabis, issuing pardons to citizens with federal cannabis convictions and directing agencies to review its classification, the Department of Homeland Security has not changed its approach to judging immigration proceedings related to cannabis work. This leaves vulnerable workers like Reimers unable to naturalize, secure green cards, and fearful of potential deportation.

Kathy Brady, director of the Immigrant Legal Resource Center, a California-based nonprofit, believes denying citizenship or lawful permanent residency for legal marijuana work is based on a strict interpretation of the law. Brady advocates for a change in interpretation that would exempt individuals working in the legal cannabis industry from facing immigration consequences.

The issue has caught the attention of U.S. Senators from Oregon and Washington, who have called on President Biden to soften the policies affecting immigrants in the cannabis industry. They argue that individuals engaging in state-legal cannabis work should not face immigration penalties that treat them as criminals.

Amidst these challenges, some attorneys discourage prospective clients with cannabis work history from applying for green cards or citizenship. The Reimers have taken their case to the U.S. Supreme Court after losing previous appeals. They argue that they are not receiving equal protection from federal enforcement, as citizens involved in the cannabis industry face no such penalties.

The broader impact of these policies on immigrants has prompted calls to legalize cannabis at the federal level, which would address the inconsistencies between state and federal laws. However, bills to federally legalize cannabis have made little progress, and federal agencies, such as the Drug Enforcement Administration, have focused on studying the potential reclassification of cannabis.

Due to the lack of awareness surrounding the immigration ramifications of involvement in the cannabis industry, some states have begun requiring licensing authorities to warn applicants of the potential risks. However, in other states like Washington and Oregon, no official information is readily available on the immigration consequences of cannabis work.

Efforts are now underway in some states to expand awareness and protect immigrants. Washington state Representative Sharon Wylie aims to establish requirements for cannabis businesses to provide information about immigration consequences to prospective employees, ensuring they are aware of the risks associated with their involvement in the industry.

As legal immigrants like Maria Reimers continue to face uncertainty regarding their immigration status, the push for immigration reforms to address the consequences of cannabis industry involvement remains a pressing issue.