Immigration 101

Immigration 101

Immigration in the United States is complex and ever-evolving. Start here to understand the fundamental aspects of immigration policy, its history, and its impact on both individuals and the country at large. Learn commonly used terms about immigration law and how the U.S. immigration system is designed. Explore layered topics like how and whether immigrants can become citizens, as well as what individual protections look like under the law.

Senator Jeff Sessions Has Erroneously Blamed Immigrants for U.S. Income Inequality

Senator Jeff Sessions Has Erroneously Blamed Immigrants for U.S. Income Inequality

Despite the formal end of the recession in 2009, unemployment in the United States remains high, wages are still stagnant, and economic indices of all kinds are looking grim. A crisis of this magnitude requires bold action by U.S. lawmakers to realign U.S. economic policies in ways that promote the growth of both jobs and wages. Economists across the political spectrum agree that immigration reform—including a pathway to legal status for unauthorized immigrants already living here—should be a central part of any such effort to boost the economy. Nevertheless, Sen. Jeff Sessions (R-AL) thinks he knows better. In his opinion, what we need to do to alleviate the nation’s economic woes is to derail immigration reform. Apparently, if we can hang on to our broken immigration system a little longer, there will be brighter days ahead for the U.S. economy. Read More

Can We Really Deport Justin Bieber for That?

Can We Really Deport Justin Bieber for That?

As lawmakers continue to debate immigration reform, Justin Bieber may have provided us with an excellent opportunity to examine how aggressive and unforgiving our deportation system has become. Police raided Bieber’s Los Angeles mansion following allegations that he egged his neighbor’s house. Police also found drugs in his… Read More

How the 2014 Midterm Elections Could be Impacted by Immigration

How the 2014 Midterm Elections Could be Impacted by Immigration

By Tom K. Wong, Ph.D., Assistant Professor of Political Science at the University of California, San Diego. Despite hopes that 2013 would be the year of comprehensive immigration reform, legislation stalled in the House and the year ended without a bill. Since the House reconvened Tuesday, 427 days have passed since the November 2012 elections and 194 days since S.744, the Senate comprehensive immigration reform bill that includes a path to citizenship, passed by a vote of 68 to 32. Whether they realize it or not, the political fortunes of some may rise or fall this year based on the position they take on immigration reform. Read More

Top Five Immigration Stories from 2013

Top Five Immigration Stories from 2013

From the beginning, it was clear that 2013 was going to be a big year for immigration. The results of the 2012 Presidential Election were widely interpreted as a rebuke to Mitt Romney’s enforcement-only “self-deportation” policy, and President Obama’s huge victory among minority communities was seen as a… Read More

New Year, New Leadership and New Opportunities at DHS

New Year, New Leadership and New Opportunities at DHS

              The Department of Homeland Security enters 2014 with new leadership, following the confirmation this month of Jeh Johnson and Alejandro Mayorkas for  Secretary and Deputy Secretary, respectively.  Johnson and Mayorkas bring years of government service to their new jobs.  Mayorkas’ tenure as Director of USCIS led to a far more open agency that treated the public as a partner, with innovations such as public comment on policy memos, expanded public engagement opportunities, the entrepreneur-in-residence program, and the delivery of a working program to process DACA applications within two months of the president’s announcement of the program.  These successes, coupled with Johnson’s experience as the top Pentagon lawyer, promise a new direction for DHS. Read More

New ICE Deportation Statistics Are No Cause for Celebration

New ICE Deportation Statistics Are No Cause for Celebration

There is little to cheer in the new deportation statistics released by U.S. Immigration and Customs Enforcement (ICE). While the numbers document a 10 percent decline in the total number of deportations compared to last year, they also reveal the extent to which immigration enforcement resources are still devoted to apprehending, detaining, and deporting individuals who represent no conceivable threat to public safety or national security. In fact, the overwhelming majority of people deported by ICE either have no prior criminal record or were convicted of misdemeanors. While ICE does indeed capture and remove potentially dangerous individuals, most of its resources remain devoted to the enforcement of a broken and unworkable immigration system. The latest decline in removals notwithstanding, the U.S. deportation machine remains severely out of balance and lacking in either flexibility or meaningful opportunities for due process. Read More

New Reports Expose Subculture of Cruelty Within the U.S. Border Patrol

New Reports Expose Subculture of Cruelty Within the U.S. Border Patrol

There is a subculture of cruelty within the Border Patrol—and, more broadly, within the entire machinery of the U.S. deportation regime. From the ranks of frontline Border Patrol agents to the guards in private, for-profit detention facilities, the abuse of detainees is widely tolerated and even accepted. This is the central finding to emerge from the second wave of the Migrant Border Crossing Study (MBCS). Wave II of the MBCS is currently housed in the Center for Latin American Studies at the University of Arizona and the Department of Sociology at George Washington University. The survey is a study of 1,110 randomly selected, recently repatriated migrants who were surveyed in six Mexican cities between 2009 and 2012. The results of this study are being released in a series of three reports titled Bordering on Criminal: The Routine Abuse of Migrants in the Removal System. Read More

The Punishment Should Fit the Crime for Immigrants, Too

The Punishment Should Fit the Crime for Immigrants, Too

The punishment should fit the crime. That maxim is as old as law itself, dating at least as far back as the Old Testament and Hammurabi’s Code.  It’s firmly rooted in our Constitution’s Due Process Clause and the Eighth Amendment’s prohibition against excessive fines and cruel and unusual punishment. That principle—referred to as proportionality—appears in both our criminal and civil law. It forbids, for example, the imposition of a life sentence for passing a bad check. It means that the state cannot sentence juveniles for non-homicide crimes to life without parole. And it disallows extreme punitive damages awards. So what does proportionality have to say when the government tries to deport a lawful permanent resident who, a decade ago, shoplifted $200 worth of merchandise from a department store? Right now, astonishingly, nothing: immigration judges do not even consider whether a person’s banishment from the United States is a disproportionate punishment for a crime before ordering the person’s removal.  But advocates are working to change this. Read More

Report: ICE Officers Fail to Report Some Sex Abuse Claims

Report: ICE Officers Fail to Report Some Sex Abuse Claims

Immigration and Customs Enforcement (ICE) officers failed to report numerous allegations of sexual abuse over the last four years, according to a recent report from the Government Accountability Office (GAO). Between October 2009 to March 2013, ICE headquarters received reports of  215 allegations of sexual abuse and assault, but a GAO audit of 10 of those  facilities found an additional 28 allegations—40 percent more than  the 70 allegations reported by these facilities. Read More

New York’s Highest Court Says that Noncitizens Must Be Warned of Deportation Risk Before Pleading Guilty

New York’s Highest Court Says that Noncitizens Must Be Warned of Deportation Risk Before Pleading Guilty

The highest court in New York ruled on Tuesday that due process compels state court judges to warn defendants in criminal proceedings who are not U.S. citizens that pleading guilty to a felony may result in their deportation. The court noted that “deportation is a plea consequence of such tremendous importance, grave impact and frequent occurrence that a defendant is entitled to notice that it may ensue…Due process compels a trial court to apprise a defendant that, if the defendant is not an American citizen, he or she may be deported as a consequence of a guilty plea to a felony.” Read More

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