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…
Read MoreBirthright Citizenship in the United States
- Birthright Citizenship
- October 16, 2024
This fact sheet explains birthright citizenship, the Fourteenth Amendment, and its interpretations. Who is…
Read MoreAsylum 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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Dear Mr. Smith, Your Pants are on Fire. Sincerely, The Facts
In response to a recent Roll Call article calling out the nativist lobby, House Judiciary Committee Chairman Rep. Lamar Smith wrote a letter to the editor making a series of claims—many of which he’s been making for the last 20 years—which simply don’t stack up to the facts. These myths also conveniently obsure the lack of any denial of ties to the nativist lobby. While many of Smith’s easy-to-swallow myths may stir the extreme end of a conservative base, they serve as a yet another distraction from having an open and honest immigration debate. Read More

The Emperor (and the Anti-Fourteenth Amendment Crowd) Have No Clothes
What a difference a few weeks can make. Just last month, the papers were filled with stories about the amazing feats of DREAM Act students, whose commitment and love for this country is boundless, even as they risk deportation in order to tell their stories. This week, the papers are filled with stories of vicious state legislators who want to turn back the clock on civil rights by stopping “an invasion of illegal aliens” through an end to birthright citizenship. Where the DREAM Act movement is about hope and opportunity, this ugly new attempt to change the Fourteenth Amendment is about hate and deprivation. Read More

Legislators Intend to Burden States with Costly Immigration Litigation
State Legislators for Legal Immigration member, State Rep. Daryl Metcalfe (R-PA) Yesterday, a group of state legislators gathered in a small room in Washington, D.C. to present their plan for reinterpreting the 14th Amendment—the amendment which states that all persons born in the U.S., and subject to jurisdiction thereof, are citizens of U.S. and the states in which they reside. Although the legislators proclaimed a desire to “protect the states” and to “love" the 14th Amendment, which was adopted after the Civil War to guarantee citizenship to the American-born children of freed slaves, you wouldn’t know it listening by to their blatant disregard for the American taxpayer—upon whom they plan on sticking costly litigation fees. Chairman of the House Immigration Subcommittee, Congressman Steve King (R-IA), also introduced a bill in the new Congress to end constitution citizenship. Read More

State Legislators Attempt to Turn Back Clock to Antebellum South
At a press conference this morning at the National Press Club, a coalition of state legislators and immigration restrictionists known as the State Legislators for Legal Immigration (SLLI) presented their proposal to turn back the clocks to the pre-Civil War era to create a new definition of “state citizenship,” create a new second-class citizenship, and fundamentally alter the principles of the U.S. Constitution. With connections to restrictionist group FAIR and the notorious John Tanton Network, SLLI members Rep. John Kavanaugh of Arizona, Rep. Daryl Metcalfe of Pennsylvania, Kansas Secretary of State-elect Kris Kobach and others were on hand to monger more fear on “the illegal alien invasion” and, in the words of South Carolina’s state Senator Danny Verdin, cure the “malady” and “poison” of undocumented immigration. Read More

Will Conservatives Back Off Their Harsh Immigration Rhetoric and Party Politics?
Despite the very public failure on the part of the 111th Congress to pass any type of comprehensive immigration reform (including the collapse of the DREAM Act), Sen. Robert Menendez (D-NJ) plans to reach out to Sen. Lindsey Graham (R-SC) to work on the issue again in the 112th Congress. While Sen. Graham initially signaled that he would be open to working with Democrats to find immigration solutions, he later changed his tune to more traditional restrictionist rhetoric—even going so far as to call the DREAM Act a “nightmare.” The question becomes then, are politicians too polarized to come to a compromise or will public pressure to find a solution push past the politics of the issue and find a solution? Read More

Papers Please: Eliminating Birthright Citizenship Would Affect Everyone
Attacks on birthright citizenship at the federal and state level are bound to take many forms—from outright repeal of the Fourteenth Amendment to refusal by states to issue birth certificates to children of undocumented immigrants. Whatever the tactic, attacks on birthright citizenship hurt everyone. Read More

Census Shows Population Gains Due to Growing Latino Population
The first 2010 Decennial Census data was made available this week, and the U.S. population rose 9.7% since 2000. As a result of population changes, reapportionment will likely shift the political balance in Congress. Some states (Texas, Florida, Georgia and South Carolina) will gain seats, in part due to the growth in their Latino populations over the past decade. While many media outlets have focused on the fact that the states gaining Congressional seats tend to be red states, and those losing seats are blue, immigrant advocates have pointed out that Members of Congress from those states with growing Latino populations, regardless of party affiliation, will have to be responsive to their Latino constituencies if they want to keep their seats. Read More

Arizona State Senator Russell Pearce Continues Immigration Crusade Despite Budget Crisis
A cog in the wheel of local enforcement legislation, Arizona state Senator and now Senate President-elect, Russell Pearce, predictably said he will continue his immigration crusade to repeal part of the 14th Amendment despite the looming state budget crisis. A recent article points out that Pearce, in the throes of last minute campaigning, pledged that he would make boosting Arizona’s flailing economy his number one priority instead of pushing yet another immigration bill. Not surprisingly, however, Pearce told reporters today that “he never promised the 14th Amendment bills wouldn’t be heard, only that he wouldn’t sponsor it.” Sound fishy? That’s because it is. Sponsor of Arizona’s controversial enforcement law SB1070, Pearce has a history of not only prioritizing immigration enforcement legislation, but accepting campaign contributions from the prison lobby who helped write it. Read More

How Will Republican Leadership Play their Cards on Immigration?
The predictions are already rolling in that the 112th Congress will get little done, each party miring themselves in partisan differences with the goal of a White House win in 2012. The thought of gridlock on so many pressing issues facing the country—fiscal policy, stimulating the economy, ensuring job growth—is sobering. And two more years of inaction on immigration reform—reform that would help our economy grow and respects the rights of people—well, that’s simply depressing. But it doesn’t have to be that way. If Speaker-elect John Boehner is really interested in governing, he will think long and hard about the direction he allows the House to go on immigration. Read More

Pollsters Still Underestimating the Latino Vote
An interesting post-election thread is the issue of why so many polls underestimated voter turnout, specifically in races where the Democratic candidate won. The starkest example comes from the state of Nevada where the Democratic candidate for Senate, Harry Reid, beat his Republican challenger, Sharron Angle, by 5 points. Polls published by the Las Vegas Review-Journal had Angle leading by 4 points just days before—a 9 point gap. The New York Times’ Nate Silver had Angle ahead by 2.3 points, with Reid eventually winning by 5.6 points—nearly an 8 point gap. Why the disparity? Read More
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