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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Constitutional Citizenship: A Legislative History
Attacks against the Citizenship Clause of the 14th Amendment have picked up in recent months, with legislators at both the national and state levels introducing bills that would deny U.S. citizenship or “state citizenship” to the children born to unauthorized immigrants in the U.S. There are two strands of attacks on birthright citizenship. One strand arises out of simple nativist anger at the impact of immigrants, legal or otherwise, on society. The other argues that the current interpretation of the Citizenship Clause as covering the children of “illegal” immigrants is inconsistent with the “original intent” of the Framers of the 14th Amendment. Originalism is often used as a method to clarify unclear portions of constitutional text or to fill contextual gaps in the document. This is not, however, how originalism is being used in the context to the Citizenship Clause. Here, originalists use clever arguments and partial quotations to eradicate the actual text of the Amendment. In essence, they claim the Framers did not really mean what they said. Read More
Report on Birthright Citizenship Low on Facts, High on Fantasy
Sometimes it’s easy to miss the most outlandish and unrealistic statements made in the immigration debate given the level of dialed up rhetoric. A recent report from the Center for Immigration Studies (CIS), however, appears to have been written to test just how far into the realm of fantasy the debate can be taken. In Birthright Citizenship for the Children of Visitors: A National Security Problem in the Making?, author W.D. Reasoner (a pseudonym) makes so many preposterous assumptions and calculations that one wonders whether the author used an alias to avoid embarrassment. Read More
Police Forum Recommends Limitations on Investigating Immigration Status
The role of local police in immigration enforcement continues to be a complex policy and legislative issue at both the state and federal level. State legislatures, for example, are contemplating bills designed to increase the role of local police in immigration enforcement while federal legislation targets cities with so-called “sanctuary policies.” And as programs like 287(g), Secure Communities and other federal/local partnerships continue to expand, local police are now more involved in identifying undocumented immigrants than ever before. Many law enforcement officers, however, find that enforcing federal immigration law may interfere with their ability to prevent crime and keep neighborhoods safe, so they have designed tailored local policies to ensure that they maintain the best possible relationship with their communities. In a new report by the Police Executive Research Forum (PERF), local police speak out on the difficulties of enforcing immigration laws and talk about best practices for navigating immigration issues in the future. Read More
The Wrong Side of History: Why the Anti-Immigrant Movement Will Always Lose
The anti-immigrant movement’s current motto could be “Desperate times call for desperate measures.” As evidence mounts that the demographic makeup of the country is changing, the current crop of immigration restrictionists know that they are gradually losing their committed base. Thus, they are pulling out every trick in the book to motivate that base to scream even louder. Most recently, House leaders of the movement tried to pit minorities, including Latinos, against immigrants by claiming that they are stealing all the low wage jobs. They are also trying to sell the point that America’s health care, public education and even environmental problems would all go away if we just deported 12 million people—desperate arguments, from a desperate group. Read More
Immigrants Are Not the Cause of Minority Unemployment and Low Wages
Nativists are fond of grandstanding over the plight of minority workers in the United States. While not particularly concerned with civil-rights issues, anti-immigrant activists are quick to cast themselves as defenders of the downtrodden when they blame immigrants for the high unemployment rates and low wages that are all too common among minorities. For instance, a recent hearing of the House Immigration Policy and Enforcement Subcommittee, entitled “Making Immigration Work for American Minorities,” featured a number of nativist stalwarts who claimed to have the best interests of minorities at heart as they held immigrants responsible for virtually every socioeconomic ill to befall minority communities. However, the best available evidence indicates that immigration is not the cause of dismal employment prospects and poor wages for American minorities. Read More
New Study on Immigrant Integration Compares and Ranks the United States, Canada, and Europe
Washington D.C. – In cooperation with the Immigration Policy Center, the British Council and the Migration Policy Group release a new study today which reviews and ranks U.S. immigrant integration policies against other countries. The Migrant Integration Policy Index (MIPEX: www.mipex.eu) contrasts and compares integration policies for legal immigrants… Read More
Some States Applying Brakes to Legislation Denying Citizenship to U.S.-Born Children
Yesterday, a panel in South Dakota’s legislature voted to halt legislation aimed at denying citizenship to U.S.-born children of undocumented immigrants. South Dakota’s bill—and others like it—propose measures which challenge the interpretation of the 14th Amendment, which states that, with very few exceptions, all persons born in the U.S. are U.S. citizens, regardless of the immigration status of their parents. While conservative lawmakers continue to introduce bills challenging the birthright citizenship clause, other states—like Arizona and Montana—are joining South Dakota's lead in deciding whether to move these bills forward. Read More
The Aftermath of the Ellensburg, WA Immigration Raid and Lessons from Past ICE Enforcement Efforts
BY JUAN PEDROZA, THE URBAN INSTITUTE* On Thursday morning, January 20, ICE agents descended on mobile homes in the Ellensburg area, east of Seattle, WA. Federal agents drove in with 11 search warrants and a helicopter search light, making simultaneous arrests at 22 different locations. The coordinated effort followed an investigation involving eight federal, county, and local law enforcement entities. ICE agents arrested 14 Mexican immigrants for criminal charges (for instance, using false documents or falsely claiming U.S. citizenship) and then 16 others for non-criminal "administrative" violations. But the aftermath of the recent raid in Ellensburg replayed familiar scenes of trauma from past enforcement efforts—enforcement efforts upon which ICE can and should improve upon. Read More
What Does the Vitter-Paul Resolution to Amend the Constitution Solve, Exactly?
Senator David Vitter (R-LA). Photo by SIR: Poseyal. In the latest attack on the Constitution and U.S. citizenship, Senators David Vitter (R-LA) and Rand Paul (R-KY) introduced a resolution (S. J. RES. 2) last week proposing an amendment to the constitution to limit citizenship to children born in the U.S. if 1) one parent is a U.S. citizen, 2) one parent is a legal permanent resident residing in the U.S., or 3) one parent is on active duty in the U.S. military. Arizona State Rep. Kavanaugh also introduced two bills last week attempting to deny citizenship to children born in the state to undocumented immigrants and require state officials to issue distinctive looking birth certificates to those children the state does not consider citizens. While these bills might make for splashy headlines, they do nothing to end undocumented immigration. In fact, it would make life more difficult for every person in the U.S., who would then have to prove their citizenship status in order to determine the status of their newborns. Read More
A One-Man Wrecking Crew: New Report Details the Costly Career of Kris Kobach
It is hardly surprising that the newly elected Kansas secretary of state, Kris Kobach, ran an election campaign which featured the baseless claim that “the illegal registration of alien voters has become pervasive” in the state. As a new report from the Southern Poverty Law Center (SPLC) describes in detail, Kobach has built a long and varied career out of attacking immigrants; first in the Bush Administration, targeting legal immigrants from Muslim and Arab countries, and later as the architect of city ordinances and state laws targeting unauthorized, mostly Latino immigrants. Yet, while Kobach’s anti-immigrant initiatives have served to advance him politically and financially, virtually all of them have ended up being costly failures for which taxpayers ultimately foot the bill. Read More
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