Immigration 101
The U.S. immigration system is complex and can be difficult to understand. These resources provide key data points, historical information, and background on hot topics in immigration. Learn the basics about immigration. 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.
How the United States Immigration System Works
- How the Immigration System Works
- June 24, 2024
U.S. immigration law is very complex, and there is much confusion as to how it works. This fact sheet provides basic information…
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Birthright Citizenship in the United States
- Birthright Citizenship
- October 16, 2024
This fact sheet explains birthright citizenship, the Fourteenth Amendment, and its interpretations. Who is…
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Asylum in the United States
- Asylum
- August 27, 2014
Asylum seekers must navigate a difficult and complex process that can involve multiple government…
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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
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
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
Detention Bed Mandate is Just One Example of How Immigration is Being Criminalized
For more than a century, study after study has confirmed two simple yet powerful truths about the relationship between immigration and crime: immigrants are less likely to commit serious crimes or be behind bars than the native-born, and high rates of immigration are not associated with higher rates of either violent or property crime. Unfortunately, immigration policy is frequently shaped more by fear and stereotype than by empirical evidence, which is why immigrants are so often treated like dangerous criminals by the U.S. immigration system. Whole new classes of “felonies” are created which apply only to immigrants, deportation is viewed as a just punishment for even minor crimes, and policies to end unauthorized immigration become more and more punitive rather than more rational and practical. In short, immigration itself is being criminalized. Read More
How Latino and Asian Voters Made the Difference in 2013 Gubernatorial Elections
In a Dickensian tale of two campaigns for governor, the Republican Party watched two very different strategies unfold on how to embrace or reject Latino voters on Tuesday. A majority of Latino voters voted for New Jersey Gov. Chris Christie as he soundly won reelection, while Ken Cuccinelli lost his campaign to be Virginia’s governor after alienating Latinos with his anti-immigrant positions. As Jordan Fabian at Fusion explains, Christie offered Republicans a path for how to make inroads with Latinos, but “Cuccinelli’s campaign, on the other hand, fell into the same traps that have doomed Republicans in the last two elections.” Read More
How Immigrants on a Pathway to Citizenship can Revitalize Rust Belt Cities
Like Rust Belt cities such as Baltimore and Detroit, rural towns across America have experienced population declines in recent decades. Some places, however, are an exception to that trend thanks in part to the arrival of immigrants. For example, while other Iowa towns experienced population decline over the past several decades, West Liberty’s population grew because of immigration. As Steve Hanson, superintendent of West Liberty Community School District, notes, “in the last 20-30 years we would have had a population decline if we hadn’t had immigrants come in [for] jobs in the food manufacturing business. They provide a source of labor that wouldn’t have been there.” And West Liberty’s Mayor, Chad Thomas, said immigration has “kept a lot of storefronts and businesses open that probably otherwise would have closed.” Read More
Latino Voters Poised to Again Play Key Role in Elections
One year after the 2012 elections, in which the Latino vote played a pivotal role in the re-election of President Obama, the Republican Party is still attempting to figure out how to attract Latinos and new immigrant voters to the fold. Tomorrow, voters head to the polls to decide several state elections and the gubernatorial races in New Jersey and Virginia, and it looks like how a politician talks about immigration will continue to be a litmus test for Latino and Asian voters—many of whom see immigration as a personal issue. Consequently, the contrast between the Virginia and New Jersey races couldn’t be more telling. Read More
It’s Immigrant Entrepreneurship Month in Massachusetts!
Massachusetts is no stranger to the many benefits immigrant entrepreneurs bring to communities. From family owned restaurants and shops along small town main streets, to large Fortune 500 companies, immigrant-owned businesses make sizeable contributions to Massachusetts. And as a growing number of places around the country make efforts to attract and welcome immigrants, Massachusetts continues to expand the state’s efforts. October 15 marked the start of the third annual Massachusetts Immigrant Entrepreneurship Month, which will officially run through November 15. State groups—including the Immigrant Learning Center (ILC), the New Americans Integration Institute at the Massachusetts Immigrant and Advocacy Coalition (MIRA), and the state’s Office for Refugees and Immigrants—are leading the initiative, which recognizes the contributions of immigrant business owners and innovators to Massachusetts’ economic development. Read More
Anti-Immigrant Think Tank Beats Same Old “Tax Fraud” Drum
The Center for Immigration Studies (CIS) recently released a paper with the inflammatory title “Paying Illegals to Stay.” The paper highlights a two-year-old report from the Treasury Department’s Inspector General which enumerated what immigrant taxpayers who file their taxes using an Individual Taxpayer Identification Number (ITIN) were receiving in tax refunds through the Additional Child Tax Credit (ACTC) they claimed for their U.S.-citizen children. Read More
Nativist Group Pretends That All Unauthorized Immigrants Are Criminals
Unauthorized immigrants come to this country primarily for two reasons: to work, and to be reunited with family members who are already here. They would obviously prefer to come to this country legally, but our legal limits on immigration have for decades not matched either the realities of U.S. labor demand or the natural human desire for family unity. And so they opt to make the expensive, difficult, and dangerous decision to come without authorization because that is what they judge to be the best chance they and their families have for a better future. In other words, the overwhelming majority of unauthorized immigrants are as far from being hardened criminals as you could possibly get. They are gardeners and housekeepers; husbands and wives; parents with children. They are members of U.S. society and integral to the U.S. economy. Read More
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