Immigration 101
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
- July 9, 2026
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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Senators Graham and Kyl Buy Tickets to the Birthright Citizenship Dog and Pony Show
Over the weekend, the second-ranking member of the Senate Republican leadership, Senator Jon Kyl (R-AZ) joined Senator Lindsey Graham (R-SC) in considering a repeal of birthright citizenship laws through a constitutional amendment. Birthright citizenship, guaranteed by the Fourteenth Amendment to the Constitution, is the cornerstone of American civil rights and affirms that, with very few exceptions, all persons born in the U.S. are U.S. citizens—regardless of their parents' citizenship. Although the Supreme Court has consistently upheld birthright citizenship, year after year restrictionist groups and legislators trot out the “repeal birthright citizenship” mantra in the hopes of adding a few more immigration extremists to their dog and pony show audience. Read More
More Right-Handed Pot Stirring: Internal USCIS Draft Memo Exploited for Political Gain
Conspiracy theorists hate it when no one pays attention. Witness last month’s letter to President Obama in which eight Republican Senators accused him of planning to circumvent the will of Congress through a regulatory grant of “amnesty” suggesting that plans were afoot in the Department of Homeland Security to make it happen. Despite their mock outrage, the letter barely made a ripple in the immigration debate. And just a few days after his speech on immigration, President Obama unequivocally stated that he wanted a real solution to our immigration crisis, rejecting both a free pass for all undocumented immigrants and a scorched earth, deport them all approach. Read More
Judge’s Decision Doesn’t Stop Arizona from Combating Border Violence
Yesterday, Phoenix district court Judge Susan Bolton enjoined key provisions of Arizona's controversial immigration law, SB1070. The judge recognized that the federal government has primary authority over making and enforcing immigration law, and that while states have limited authority in this arena, they cannot interfere with federal enforcement or undermine federal priorities. The decision acknowledges the complex nature of immigration law and the harmful consequences of local police attempting to make immigration determinations. The judge also recognized the serious strain that the Arizona law would place on federal resources, which would detract from the federal government's ability to enforce immigration laws in other states and target resources toward serious criminals. Read More
New Reports Describe the “Green-Washing” of Nativist Hate
In a new report, the Southern Poverty Law Center (SPLC) describes the rejuvenated efforts of anti-immigrant groups to repackage themselves as environmentalists who are trying to save the United States from the supposed ecological ills of “over-population.” According to the report, entitled Greenwash: Nativists, Environmentalism & the Hypocrisy of Hate, the two-faced nature of these efforts is “astounding” given the dismal environmental records of the organizations and political candidates to whom nativist groups tend to contribute funds. Moreover, this “green-washing” of the nativist agenda also amounts to a white-washing of the anti-immigrant movement’s white-nationalist roots. Read More
The Numbers Are In: Polls Reveal Voters’ Desire to Fix Immigration
In the media storm following the Department of Justice’s (DOJ) lawsuit against Arizona’s immigration enforcement law (SB1070) this week, politicians, reporters and advocates are busy gauging voters’ reaction in the build up to midterm elections. A number of public opinion polls have recently surfaced, each with something slightly different to say about how most Americans feel about Arizona’s law, the DOJ lawsuit, and immigration in general. As any pollster can tell you, poll results depend entirely on the phrasing of the question. However, while it’s difficult to mine the nuances of each poll question, one thing remains clear—most Americans agree that our broken immigration system needs to be fixed. The question is, how do we move forward? Read More
Arizona Senators Decry DOJ Lawsuit Yet Refuse to Support Immigration Reform
Yesterday, the Department of Justice (DOJ) filed a lawsuit against the state of Arizona, challenging the state’s immigration enforcement law (SB 1070). The DOJ lawsuit—which seeks to stop the law from going into effect on July 29th—argues that Arizona’s law is unconstitutional since it claims state authority over federal immigration policy. While political opposition in Arizona to DOJ’s legal challenge has come from both parties, some of the most laughable comments have come from Arizona’s Republican Senators who have used the lawsuit as yet another opportunity to claim that the Obama administration has failed to do anything on immigration. Only Senator Lindsay Graham (R-SC) has been willing to engage the Democrats on immigration at all this year and even still, Sen. Graham back peddled after health care reform was passed. To date, ZERO Republicans are willing to step forward and play ball on an actual immigration reform bill—which makes the political finger-pointing from those unwilling to meet the President halfway all the more infuriating. Read More
FAIR’s Distorted Fiscal Snapshot of Unauthorized Immigrants
Today, Fox News is reporting on data provided to them by the Federation for American Immigration Reform (FAIR) which amounts to a highly misleading fiscal snapshot of the costs allegedly imposed on U.S. taxpayers by unauthorized immigrants. Read More
Immigrant Women: The Silent Victims of a Broken Immigration System
Even though there are approximately 19 million foreign born women in the U.S.—accounting for 12.3% of the female population—we tend to hear very little about them. A closer look at the female immigrant population reveals many important facts—immigrant women are incredibly diverse in terms of country of origin, time in the U.S., citizenship rates, income, poverty, and labor market participation. This week, the Immigration Policy Center (IPC) released a report, Reforming America’s Immigration Laws: A Woman’s Struggle by Kavitha Sreeharsha, a senior staff attorney at Legal Momentum’s Immigrant Women Program and a fact sheet detailing the demographic makeup of immigrant women in the U.S. Read More
Reforming America’s Immigration Laws: A Woman’s Struggle
While immigrant communities across the nation endure the long wait for immigration reform, there are roughly 19 million immigrant women and girls currently in the U.S. Immigrant women, particularly the undocumented, are often more vulnerable than their male counterparts, lack the same economic opportunities, and experience exploitation while crossing the border, while working and even in their own homes. In short, immigrant women have become the silent victims of a broken immigration system. In this IPC report, immigration attorney Kavitha Sreeharsha lays out the economic and social disparities, legal barriers to current immigration law and the many dangers hard-working immigrant women are forced to endure. The report also explores how women are distinctly harmed by heightened enforcement of immigration laws. Abusers, traffickers, and exploitative employers keep immigrant women from seeking local law-enforcement protection by convincing them that police officers are working in partnership with DHS and will deport victims instead of protecting them. Essentially, these enforcement measures increase the likelihood of abuse and assault against immigrant women by cutting them off from help and giving their perpetrators a powerful tool to silence their victims and escape prosecution. Ultimately, the author concludes, only through a comprehensive immigration reform package—one that includes a path to legalization that values the contributions immigrant woman make as mothers, wives and workers—can the U.S. reconcile these disparities. Read More
Arizona’s Punishment Doesn’t Fit the Crime: Studies Show Decrease in Arizona Crime Rates
Updated 06/22/10 Supporters of Arizona’s harsh new immigration law claim that it is, in part, a crime-fighting measure. For instance, the bill’s author, Republican State Senator Russell Pearce of Mesa, confidently predicts that the law—which requires police to investigate the immigration status of anyone who appears to be unauthorized—will result in “less crime” and “safer neighborhoods.” However, Sen. Pearce overlooks two salient points: crime rates have already been falling in Arizona for years despite the presence of unauthorized immigrants, and a century’s worth of research has demonstrated that immigrants are less likely to commit crimes or be behind bars than the native-born. While much has been made about kidnappings in Arizona, law-enforcement officials indicate that most of these involve drug smugglers and human smugglers, as well as smuggled immigrants themselves—not the general population of the state. Combating crime related to human smuggling requires more trust between immigrants and the police, not less. Yet the undermining of trust between police and the community is precisely what Arizona’s new law accomplishes. In the final analysis, immigration policy is not an effective means of addressing crime because the vast majority of immigrants are not criminals. Read More
America's story is an immigrant story.
