Fact Sheet
A Snapshot of Immigrant Women in the United States
There are more than 23 million female immigrants in the United States, and they are a formidable presence in U.S. society and the economy. Read More
Asylum in the United States
Asylum seekers must navigate a difficult and complex process that can involve multiple government agencies. This fact sheet provides an overview of the asylum system in the United States, including how asylum is defined, eligibility requirements, and the application process. Read More
Unauthorized Immigrants Today
Unauthorized immigrants include adults and children, mothers and fathers, homeowners and people of faith, most of whom are invested in their communities. Read More
Taking Attendance: New Data Finds Majority of Children Appear in Immigration Court
As the number of unaccompanied children arriving at the United States border has increased, some lawmakers have argued that children frequently fail to appear for proceedings and thus proposed mandatory detention as a solution. Some say as many as 90 percent fail to attend their immigration court hearings. Yet government data recently published by Syracuse University’s Transactional Records Access Clearinghouse (TRAC) indicates the opposite. Not only do a majority of children attend their immigration proceedings, according to TRAC, but 90 percent or more attend when represented by lawyers. Read More
Removal Without Recourse: The Growth of Summary Deportations from the United States
The deportation process has been transformed drastically over the last two decades. Today, two-thirds of individuals deported are subject to what are known as “summary removal procedures,” which deprive them of both the right to appear before a judge and the right to apply for status in the United States. In 1996, as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Congress established streamlined deportation procedures that allow the government to deport (or “remove”) certain noncitizens from the United States without a hearing before an immigration judge. Two of these procedures, “expedited removal” and “reinstatement of removal,” allow immigration officers to serve as both prosecutor and judge—often investigating, charging, and making a decision all within the course of one day. These rapid deportation decisions often fail to take into account many critical factors, including whether the individual is eligible to apply for lawful status in the United States, whether he or she has long-standing ties here, or whether he or she has U.S.-citizen family members. In recent years, summary procedures have eclipsed traditional immigration court proceedings, accounting for the dramatic increase in removals overall. As the chart below demonstrates, since 1996, the number of deportations executed under summary removal procedures—including expedited removal, reinstatement of removal, and stipulated removal (all described below)—has dramatically increased. In Fiscal Year (FY) 2013, more than 70 percent of all people Immigration and Customs Enforcement (ICE) deported were subject to summary removal procedures. Expedited Removal (INA § 235(b)) Read More
A Guide to H.R. 15: The Border Security, Economic Opportunity, and Immigration Modernization Act
On October 2, 2013, Democrats in the House of Representatives proposed an immigration reform bill addressing border security, legalization of the undocumented, interior enforcement of immigration laws, and fixes for our dysfunctional legal immigration programs. The bill is based on S.744, the bipartisan bill passed by the Senate by a vote of 68-32 on June 27, 2013. However, the bill removes the Corker-Hoeven border security amendment and replaces it with the bipartisan House border security bill, H.R. 1417, which was passed unanimously by the Homeland Security Committee in May 2013. Read More
Understanding H.R. 3431: The American Families United Act
On October 30, 2013, Representatives Steve Pearce (R-NM) and Beto O’Rourke (D-TX) announced the introduction of H.R. 3431, the American Families United Act (AFUA). Co-sponsors as of January 2014 included Jim Costa (D-CA) and James McGovern (D-MA). This bipartisan immigration bill approaches immigration reform from a unique angle, focusing on amendments to the system that address the separation of immigrants from their U.S. family members. The bill expands the discretionary authority of government officials to waive minor violations of law, but does not create new mechanisms for legalizing undocumented individuals. Thus, in contrast to S. 744, the comprehensive immigration bill passed by the Senate in 2013, the AFUA focuses on a narrower group of individuals who might be eligible for lawful permanent residence under current standards if not for certain legal obstacles. Read More
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 about how the U.S. legal immigration system is designed. Read More
The Cost of Immigration Enforcement and Border Security
Since the creation of the Department of Homeland Security in 2003, the federal government has spent an estimated $324 billion on the agencies that carry out immigration enforcement. Read More
The Criminal Alien Program (CAP): Immigration Enforcement in Prisons and Jails
The Criminal Alien Program (CAP) is an expansive immigration enforcement program that leads to the initiation of removal proceedings in many cases. While CAP has existed in one form or another for decades, there is still much to be learned about the program, how it is organized, and how it works. What is known is that CAP extends to every area of the country and intersects with most state and local law enforcement agencies. For years, the CAP program has operated with little public attention and many of its elements have only recently come to light following FOIA litigation against Immigration and Customs Enforcement (ICE). The information obtained through the lawsuit regarding CAP’s current organization and staffing suggests CAP is not a single program, but a loose-knit group of several different programs operating within ICE. Other than a small number of staff responsible for the administration of CAP at ICE headquarters, there is no dedicated CAP staff. Rather, ICE pulls personnel and resources from across the agency to perform CAP-related functions. The ICE declarations and deposition also explain how CAP functions within prisons and jails. There appears to be little consistency in, and little or no policy governing, how CAP cooperates with state and local law enforcement agencies in different regions and in how CAP interacts with detainees in different facilities. Instead, CAP appears to function as an ad hoc set of activities that operate differently across the country and across penal institutions, raising questions about the adequacy of oversight, training, and accountability of the personnel implementing CAP. This information confirms that there is still much about CAP that remains unknown or unclear. Given the breadth of CAP, the centrality of its role in immigration enforcement, and its large impact on the immigrant community, it is critical that ICE clarify how CAP operates. Read More
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