Immigration 101

Immigration 101

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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Police Forum Recommends Limitations on Investigating Immigration Status

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 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

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

Some States Applying Brakes to Legislation Denying Citizenship to U.S.-Born Children

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

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?

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

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

Dear Mr. Smith, Your Pants are on Fire. Sincerely, The Facts

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

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

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

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