Immigration 101

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

Recent Features

Why Don’t Immigrants Apply for Citizenship?

There is no line available for undocumented immigrants and the “regular channels” do not include them.

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Fact Sheet
Temporary Protected Status: An Overview

This fact sheet provides an overview of how Temporary Protected Status designations are made, what benefits TPS confers, and how TPS beneficiaries apply for and regularly renew their status.

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How the United States Immigration System Works

U.S. immigration law is very complex. Here's basic information about how the U.S. legal immigration system is designed.

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All Immigration 101 Content

  • Fact Sheet

Documented Dreamers: An Overview

Publication Date: 
November 18, 2024
This fact sheet provides an overview of Documented Dreamers, explains how they can age out of immigration status at 21, and summarizes the current federal legislative proposals to protect them from...
  • Fact Sheet

Debunking the Myth of Immigrants and Crime

Publication Date: 
October 17, 2024
Using Uniform Crime Reporting data from the Federal Bureau of Investigation (FBI) and population data from the U. S. Census Bureau, the Council created a report on the relationship between immigrants...
  • Fact Sheet

Birthright Citizenship in the United States

Publication Date: 
October 16, 2024
This fact sheet explains birthright citizenship, the Fourteenth Amendment, and its interpretations. Who is eligible for birthright citizenship? Can birthright citizenship be taken away?
  • Special Report

Building Community and Fueling Growth: The Role of Immigrants in Reviving the Great Lakes Region

Publication Date: 
October 15, 2024
“Building Community and Fueling Growth: The Role of Immigrants in Reviving the Great Lakes Region” was written in partnership with the American Immigration Council (AIC) and is an in-depth analysis...
  • Fact Sheet

FEMA’s Role in Migrant Assistance: Exploring the Shelter and Services Program

Publication Date: 
October 10, 2024

When local communities receive new immigrants who have been released at the border by the Department of Homeland Security (DHS), they often provide necessary support to ensure that people have...

  • Special Report

Mass Deportation

Publication Date: 
October 2, 2024
The mass deportation of millions of undocumented individuals would be tremendously expensive and would have a catastrophic impact on our economy—one that would be expansive and impact every American...
  • Fact Sheet

Temporary Protected Status: An Overview

Publication Date: 
July 12, 2024
This fact sheet provides an overview of how Temporary Protected Status designations are made, what benefits TPS confers, and how TPS beneficiaries apply for and regularly renew their status.
  • Fact Sheet

How the United States Immigration System Works

Publication Date: 
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 about how the U.S. legal immigration system is designed.
  • Fact Sheet

An American Immigration Council Analysis of the President’s 212(f) Proclamation and Interim Final Rule Restricting Asylum

Publication Date: 
June 5, 2024
On June 4, the Biden administration issued a presidential proclamation and an Interim Final Rule restricting access to asylum for people crossing into the United States without legal status. The...
  • Fact Sheet

Understanding INA Section 212(f): The President’s Authority to Suspend the Entry of Migrants

Publication Date: 
June 4, 2024
Under Section 212(f) of the Immigration and Nationality Act (INA), the president of the United States has the authority to “suspend the entry” of certain noncitizens into the United States under...
  • FOIA Litigation

Council Litigation Seeks Refugee Processing Data

This Freedom of Information Act (FOIA) lawsuit seeks to compel the U.S. Department of State to release data about the demographics, processing, and adjudication of refugees’ applications for...

  • FOIA

Seeking Records from Immigration Courts about Processing FOIA and Records of Proceedings Requests

The Council seeks records from immigration courts about how they process record requests and comply with proactive disclosure requirements. This information will help advocates ensure that noncitizens in removal proceedings have access to their records and that the courts are complying with record disclosure requirements.
  • FOIA

FOIA Request Seeks Records Regarding Parole Guidance and Incorrect Addresses on CBP Documents After Migrants Flown to Martha's Vineyard

The requested records will shed light on CBP's practices with respect to granting and extending humanitarian parole and the agency's determinations regarding which addresses to include on immigration paperwork.
  • Litigation

Challenging USCIS To End Naturalization Application Delays

This lawsuit challenges USCIS' unreasonable delay in processing naturalization applications that were filed in 2020 and has prevented applicants from becoming U.S. citizens.
  • Declaration

Council Submits Declaration in Deportation Moratorium Case, Explaining the Complex System of Enforcement and Removal

Publication Date: 
February 12, 2021
The Council submitted this declaration in support of the ACLU's defense of the Biden Administration's moratorium on deportations. This declaration explains how the removal and detention system works.
  • Advocacy

Comment on DHS Proposed Rule to Drastically Expand the Definition and Collection of Biometrics

October 13, 2020
The American Immigration Council, the Immigration Defense Clinic at Colorado Law, and the American Immigration Lawyers Association, submitted a comment in opposition to the Department of Homeland Security proposed rule on the "Collection and Use of Biometrics by U.S. Citizenship and Immigration Services."
  • Advocacy

Summary of Proposed Changes to Student and Exchange Visitor Admissions Process by DHS

October 6, 2020

This document provides a summary of the Department of Homeland Security's September 25, 2020, Proposed Rule, "...

  • Advocacy

Comments on U.S. Customs and Border Protection Records Destruction Schedule

September 30, 2020

U.S. Customs and Border Protection (CBP) is attempting to permanently destroy records related to civil rights complaints against the agency, administrative and criminal investigations into...

  • Advocacy

Comment on Executive Office for Immigration Review Proposed Rule Regarding Appeal Procedures and Administrative Closure

September 25, 2020

The American Immigration Council and the American Immigration Lawyers Association, through their joint initiative, the Immigration Justice Campaign, submitted this comment in opposition to...

  • Advocacy

Letter Requesting 60-Day Comment Period on Proposed Rule Expanding Collection of Biometrics

September 15, 2020
This new rule will increase the total number of people who are required to submit biometric data from 3.9 million currently to 6.07 million—an increase of more than 60%.
  • Practice Advisories

Common Tools of Statutory Construction for Criminal Removal Grounds

Publication Date: 
November 28, 2023
This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds...
  • Practice Advisories

Practice Alert: Overview of the Supreme Court's Decision in Pugin v. Garland

Publication Date: 
August 22, 2023
This practice advisory looks into the decision by the U.S. Supreme Court issued in Pugin v. Garland, 143 S. Ct. 1833 (2023). This immigration decision addressed the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S).
  • Practice Advisories

Nightingale v. USCIS and FOIA Requests for Immigration Case Files (A-Files)

Publication Date: 
April 17, 2023
This practice advisory explains 1) the ways to submit a FOIA request for a client’s immigration records, or A-File, 2) provides suggestions for avoiding agency rejections of the requests, and 3) identifies issues related to the Nightingale injunction that class counsel are monitoring.
  • Practice Advisories

The Basics of Motions to Reopen EOIR-Issued Removal Orders

Publication Date: 
April 25, 2022

This practice advisory provides a basic overview of motions to reopen removal orders that are filed with the Executive Office for Immigration Review (EOIR), which consists of immigration courts...

  • Practice Advisories

Agency Delay Litigation: Opposing a Motion to Dismiss

Publication Date: 
October 4, 2019
This practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments that can be made in response.
  • Practice Advisories

Motions for a Continuance

Publication Date: 
September 10, 2018
This Practice Advisory provides a practitioner-focused overview of motions to continue a case in removal proceedings, from the basics of making the motion to advanced issues of jurisdictional bars to appellate review of continuances.
  • Practice Advisories

Inspection and Entry at a Port of Entry: When is there an Admission?

Publication Date: 
October 22, 2015
This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status.
  • Practice Advisories

Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock

Publication Date: 
February 5, 2014
The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD).
  • Blog

Biden Should Use His Authority to Protect Vulnerable Immigrants Before He Leaves Office

November 13, 2024

President-elect Donald Trump vowed to deport millions of immigrants in his successful bid for a second term at the White House. This week, we gained a clearer picture about how he aims to fulfill...

  • Blog

Temporary Protected Status: What’s Up With That?

October 29, 2024

On October 17, the Department of Homeland Security (DHS) announced that Secretary Mayorkas was designating the country of Lebanon for Temporary Protected Status (TPS). Through this designation,...

  • Blog

The Origins of Birthright Citizenship in the United States, Explained

October 18, 2024

For over a century, the United States has applied the principle of jus soli, or birthplace-based citizenship, to grant American citizenship to anyone born on U.S. territory regardless of their...

  • Blog

Immigrants Do Not Commit More Crimes in the US, Despite Fearmongering

October 17, 2024

Written by Yared Avalos Iniguez, Communications Intern and Hannah Boyke, Research Intern Across the globe, immigrants are increasingly being blamed for committing crimes, with right-wing groups...

  • Blog

What is Tim Walz’s Record on Immigration?

October 2, 2024

While immigration remains a top issue for the nation as a whole, for years Minnesota has taken an active role in integrating and supporting immigrants throughout the state. Governor Tim Walz’s...

  • Blog

Council and BAJI Highlight Their Efforts on Government Transparency to Audience in South Africa

September 13, 2024

This past week, the Council, alongside the Black Alliance for Just Immigration (BAJI), had the privilege to present the report the organizations co-authored on U.S. Customs and Border Protection’s...

  • Blog

Immigrant Entrepreneurs and the Fortune 500: Powering the US Economy in 2024

September 13, 2024

Immigrant entrepreneurs continue to shape our economy and play a critical role in the success and innovation of major corporations. In 2024, this trend is clearer than ever, with 46% of Fortune...

  • Blog

Oversight Agency Says 32,000 Unaccompanied Children Are Missing. But Are They?

September 5, 2024

Written by Raul Pinto, Deputy Legal Director, Transparency at the American Immigration Council and Jennifer Ibañez Whitlock, Supervisory Policy & Practice Counsel, Government Relations at the...

  • Blog

What Project 2025 Says About Immigration

August 23, 2024
Our blog post examines how Trump’s second term could enforce stricter immigration policies, including mass deportations and cuts to legal immigration, with reduced oversight.
  • Blog

Unpacking Myths About Noncitizen Voting — How Heritage Foundation’s Own Data Proves It’s Not a Problem

August 1, 2024
Many politicians have called for overhauling the United States’ election systems by mandating strict voter ID for both registering to vote and actual voting. However, noncitizen voting is extremely rare.
  • Press Release

NEW REPORT: Immigrants are Fueling Economic Growth, Revitalizing Communities in Great Lakes States

October 15, 2024
A new report describes how immigrants are key to the economic success and future viability of communities across the Great Lakes region.
  • Press Release

New Data Analysis: Immigrants Driving Opportunity, Prosperity in the U.S., Including in Swing States

June 5, 2024
A new analysis of 2022 U.S. census data highlights how, amidst the Biden administration's recent actions to limit asylum access along the U.S.-Mexico border, and in the context of ramped-up anti-immigrant rhetoric during this year’s presidential campaign, immigrants are helping make the United States a more prosperous and economically booming country.
  • Press Release

New Report Shows Immigrants Play Critical Role to Michigan’s Population Growth, Economy

May 29, 2024
Immigrants accounted for 57.7 percent of Michigan’s population growth over last decade and contributed $67.8 billion, or 9.9 percent, of the state’s total GDP in 2022
  • Press Release

New Report Shows Immigrants in Androscoggin County, Maine Paid Over $24 Million in Taxes and Held Over $74 Million in Spending Power in 2019

April 4, 2024
Immigrants play a crucial role in the labor force in southern Maine, according to data in a new report.
  • Press Release

New Report Shows Immigrants in Houston Paid Over $16 Billion in Taxes and Exceeded $50 Billion in Spending Power in 2021

February 26, 2024
A new research report by the American Immigration Council underscores the crucial role immigrants play in the Houston area’s economy, finding that immigrants paid $16 billion in taxes and exceeded $50 billion in spending power in 2021.
  • Press Release

Court Allows Turnbacks of Asylum Seekers Without CBP One Appointments to Continue

October 13, 2023
A federal court in California denied a preliminary injunction in a legal challenge to the Biden administration’s policy of turning back asylum seekers who request protection without first obtaining an appointment via the government’s CBP One smartphone app.
  • Press Release

New Report Reveals Immigrant Roots of Fortune 500 Companies

August 29, 2023
In an annual review of the most successful companies in the United States, the American Immigration Council unveiled today (August 29, 2023) a report that sheds light on the contributions of immigrant entrepreneurs and their children to the U.S. economy.
  • Press Release

New Research Shows the Key Role Immigrants Play in 13 States’ Healthcare Workforces

February 3, 2023
The American Immigration Council reports underscore the key role of immigrant healthcare workforces of Arizona, Florida, Georgia, Iowa, Kansas Missouri, North Carolina, Oklahoma, Tennessee, Texas, Utah, Virginia, and Wisconsin.
  • Press Release

AILA and the American Immigration Council Respond to Supreme Court Oral Arguments in U.S. v. Texas

November 29, 2022
In response to the Supreme Court of the United States hearing oral arguments in the case, U.S. v. Texas -- a dispute over the Biden Administration’s authority to set immigration policy, the American Immigration Lawyers Association (AILA) and the American Immigration Council (AIC) have issued the following statement.
  • Press Release

New Research Reveals Changing Demographics in Foreign-Born Voters and Younger Voters in Swing States

October 4, 2022
The data interactive, “The Changing Demographics of the Electorate at a State Level,” highlights the changes in the demographics of eligible voters in every state now compared to 2016, broken down by gender, age, and ethnicity.
  • Fact Sheet

Documented Dreamers: An Overview

Publication Date: 
November 18, 2024
This fact sheet provides an overview of Documented Dreamers, explains how they can age out of immigration status at 21, and summarizes the current federal legislative proposals to protect them from...
  • Blog

Biden Should Use His Authority to Protect Vulnerable Immigrants Before He Leaves Office

November 13, 2024

President-elect Donald Trump vowed to deport millions of immigrants in his successful bid for a second term at the White House. This week, we gained a clearer picture about how he aims to fulfill...

  • FOIA Litigation

Council Litigation Seeks Refugee Processing Data

This Freedom of Information Act (FOIA) lawsuit seeks to compel the U.S. Department of State to release data about the demographics, processing, and adjudication of refugees’ applications for...

  • Blog

Temporary Protected Status: What’s Up With That?

October 29, 2024

On October 17, the Department of Homeland Security (DHS) announced that Secretary Mayorkas was designating the country of Lebanon for Temporary Protected Status (TPS). Through this designation,...

  • Blog

The Origins of Birthright Citizenship in the United States, Explained

October 18, 2024

For over a century, the United States has applied the principle of jus soli, or birthplace-based citizenship, to grant American citizenship to anyone born on U.S. territory regardless of their...

  • Blog

Immigrants Do Not Commit More Crimes in the US, Despite Fearmongering

October 17, 2024

Written by Yared Avalos Iniguez, Communications Intern and Hannah Boyke, Research Intern Across the globe, immigrants are increasingly being blamed for committing crimes, with right-wing groups...

  • Fact Sheet

Debunking the Myth of Immigrants and Crime

Publication Date: 
October 17, 2024
Using Uniform Crime Reporting data from the Federal Bureau of Investigation (FBI) and population data from the U. S. Census Bureau, the Council created a report on the relationship between immigrants...
  • Fact Sheet

Birthright Citizenship in the United States

Publication Date: 
October 16, 2024
This fact sheet explains birthright citizenship, the Fourteenth Amendment, and its interpretations. Who is eligible for birthright citizenship? Can birthright citizenship be taken away?
  • Special Report

Building Community and Fueling Growth: The Role of Immigrants in Reviving the Great Lakes Region

Publication Date: 
October 15, 2024
“Building Community and Fueling Growth: The Role of Immigrants in Reviving the Great Lakes Region” was written in partnership with the American Immigration Council (AIC) and is an in-depth analysis...
  • Press Release

NEW REPORT: Immigrants are Fueling Economic Growth, Revitalizing Communities in Great Lakes States

October 15, 2024
A new report describes how immigrants are key to the economic success and future viability of communities across the Great Lakes region.

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