Immigration 101

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

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

This fact sheet explains birthright citizenship, the Fourteenth Amendment, and its interpretations. Who is…

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Asylum in the United States

Asylum seekers must navigate a difficult and complex process that can involve multiple government…

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How the Supreme Court Decision on DOMA Will Impact Immigration Law

How the Supreme Court Decision on DOMA Will Impact Immigration Law

Family unity is one of the driving forces in our immigration system.  United States citizens and lawful permanent residents can obtain immigrant visas for their spouses.  Many foreign nationals who come to the United States on employment-based visas bring their spouses and children with them.  And some waivers and forms of relief from removal are available only to those with close relatives living in the United States.  Read More

The Sooner Immigrants Become Citizens, the Better it is for the Economy

The Sooner Immigrants Become Citizens, the Better it is for the Economy

As lawmakers negotiate the contours of an immigration reform bill, they should keep in mind that the granting of legal status to undocumented immigrants would be a boon for the U.S. economy—and allowing undocumented immigrants to eventually become U.S. citizens would be an even bigger boon. Such is the finding of a report from the Center for American Progress (CAP), entitled The Economic Effects of Granting Legal Status and Citizenship to Undocumented Immigrants. The report was authored by Robert Lynch, a Visiting Senior Fellow at CAP and the Everett E. Nuttle professor and chair of the Department of Economics at Washington College, and Patrick Oakford, a Research Assistant at CAP. The authors explain succinctly why legalized immigrants and newly minted U.S. citizens are so economically valuable: Read More

Aggravated Felonies: An Overview

Aggravated Felonies: An Overview

This fact sheet provides an overview of “aggravated felonies” under federal immigration law and the immigration consequences of being convicted of an “aggravated felony.” Read More

Including LGBT Immigrants in Immigration Reform Helps Protect Vulnerable Individuals

Including LGBT Immigrants in Immigration Reform Helps Protect Vulnerable Individuals

Roughly 11 million unauthorized immigrants live in the United States, and their backgrounds and stories are incredibly diverse. DREAM activists helped to change the picture of the 11 million by shining light on young people affected by our broken immigration system, while grassroots movements are highlighting the stories of families.  But a new report from the Williams Institute adds another facet to this picture: an estimated 267,000 undocumented adults identify as LGBT. Even more compelling, the report highlights the other struggles LGBT individuals face when dealing with the legal immigration system. Read More

Cato Report Finds Poor Immigrants Use Fewer Public Benefits than Natives

Cato Report Finds Poor Immigrants Use Fewer Public Benefits than Natives

Among the most contentious debates surrounding national immigration reform concerns immigrant use of welfare programs. Opponents of immigration routinely assert low-skilled immigrants consume more public resources than natives, thereby imposing an unfair fiscal burden on U.S. taxpayers. Read More

Congressional Hearing Illustrates Nativist Manipulation of “Border Security”

Congressional Hearing Illustrates Nativist Manipulation of “Border Security”

The concept of “border security” is inherently ambiguous. After all, we live in a world where no international border can be completely sealed. The risk that a bad guy will come across the border—by land, sea, or air—can never be reduced to zero, no matter how much money or manpower is funneled into border-security operations. As a result, it is easy for political opportunists to use the notion of “border security” as a smoke screen behind which to advance their own agendas. In the context of the debate over immigration reform, the quest for ever-increasing levels of border security is used as an excuse to oppose any meaningful changes to a dysfunctional immigration system which itself undermines security by its failure to operate fairly or efficiently. This is an irony which is apparently lost on those nativist politicians and activists for whom no level of border enforcement will ever be viewed as sufficient to justify immigration reform. Read More

How Budget Cuts From Sequestration Will Affect The Nation’s Immigration System

How Budget Cuts From Sequestration Will Affect The Nation’s Immigration System

The U.S.’s immigration system, already burdened by application processing backlogs and insufficient funding for immigration courts, could become even more unwieldy if the government must slash its budget on March 1. Sequestration – a package of across-the-board government spending cuts totaling $85 billion this year and $1.2 trillion over the next decade – likely will go into effect on Friday unless Congress and President Obama manage to reach a deal. Currently, there are no reports of ongoing negotiations to avert the automatic cuts, so when the cuts kick in, all aspects of the immigration system – from visas to deportations – would be impacted. Read More

SCOTUS Narrows Protections For Noncitizens Who Received Poor Legal Advice

SCOTUS Narrows Protections For Noncitizens Who Received Poor Legal Advice

Almost three years ago, in the landmark decision Padilla v. Kentucky, the Supreme Court acknowledged the severity of deportation and that our current immigration laws make “removal nearly an automatic result” for many noncitizens convicted of crimes.  Consequently, the Court held that a criminal defense attorney must advise noncitizen clients about the risks of deportation if they accept a plea bargain.  If the defense attorney fails to provide this advice, the noncitizen can seek to have the conviction set aside.  Such recourse brings integrity to the criminal justice and immigration systems and ensures that immigrants who reasonably rely on advice from their lawyers are not unfairly held accountable for their lawyers’ mistakes.   Read More

Survey: Asian Americans Concerned with Legalization, Family Backlogs

Survey: Asian Americans Concerned with Legalization, Family Backlogs

In the current debate, immigration is often depicted as a Latino issue.  This is partially because just over half of America’s foreign-born population is from Latin America and the Caribbean, and the current political climate around immigration is largely seen as being driven by Latino turnout for Democrats in the 2012 election.  But this depiction glosses over the millions of immigrants – documented and undocumented – who hail from other parts of the globe. Read More

Nativists Fail to Grasp Economics of Immigration Reform

Nativists Fail to Grasp Economics of Immigration Reform

This week, the New York Times gave voice to the nativist argument that legalizing unauthorized immigrants would drain the federal budget because newly legalized immigrants will start using public benefits. However, this flawed fiscal accounting overlooks the myriad ways in which immigrants, just like the native-born, contribute to the U.S. economy over the course of their adult lives. As workers, they add value to the economy through their labor. As taxpayers, they fund government services and programs at the federal, state, and local levels. As consumers, immigrants purchase goods and services from U.S. companies, big and small, sustaining U.S. jobs in the process. And, as entrepreneurs, many immigrants create jobs through the businesses they establish. In other words, the economic contributions of any person, immigrant or native-born, come in many forms and span a lifetime. Read More

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