04.01 Immigration Law

Immigration to the United States involves over one million individuals yearly.
Individuals may immigrate as U.S. citizens returning from abroad or as non-citizens aspiring to citizenship.
Legal rights reserved for U.S. citizens include:
- Jury service
- Voting in U.S. presidential elections
- Sponsoring family members for permanent residency in the U.S.

Fourteenth Amendment to the U.S. Constitution:
- "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
The Constitution distinguishes between two categories of U.S. citizens:
- Natural Born Citizens: Individuals who acquire citizenship at birth.
- Naturalized Citizens: Individuals who apply for and complete the naturalization process to become citizens.

Definition: Latin term meaning "law of the blood."
Individuals born outside the U.S. to at least one U.S. citizen parent, who meets certain requirements, can obtain citizenship.

Individuals not born as citizens can apply for citizenship through naturalization if they meet the following criteria:

Age Requirement: At least 18 years old.
Residency Requirement: At least five years as a legal Permanent Resident (or three years if married to a U.S. citizen for at least three years).
Moral Character: Must possess good moral character.
Language Proficiency: Able to read, write, and speak basic English.
Civics Knowledge: Must answer questions regarding U.S. government and history.
Oath of Allegiance: Willing to take the Oath of Allegiance to the United States.

Despite being born in the U.S., formerly enslaved individuals were not recognized as citizens until the Fourteenth Amendment was adopted after the Civil War.
Indian Citizenship Act of 1924: Granted citizenship to Native Americans after nearly 60 years of exclusion.

U.S. citizens have rights such as voting in federal elections and eligibility to obtain a U.S. passport that are not granted to non-citizen residents.
The United States naturalizes hundreds of thousands of individuals each year, with significant numbers from Asian countries, including the Philippines, China, and Vietnam.

Estimation from the Pew Research Center: Over 40 million individuals in the U.S. were born outside of the country, accounting for nearly 14% of the total U.S. population.
Push Factors: Conditions that drive individuals to leave their home countries, including:
- War
- Corruption
- Limited job opportunities
- Poor healthcare systems
Pull Factors: Reasons attracting individuals to immigrate to the U.S., including:
- Personal safety
- Better employment prospects
- Access to quality healthcare.

Most immigrants enter the U.S. lawfully as naturalized citizens, lawful permanent residents, or temporary lawful residents (totaling 77% of the foreign-born population).
Unauthorized immigrants constitute about 23% of the foreign-born population, some of whom hold protected status under programs like Deferred Action for Childhood Arrivals (DACA).
DACA: Protects individuals brought illegally to the U.S. as children who meet specific criteria.
The program, which began before 2017, faced challenges but was upheld by the U.S. Supreme Court in 2020 for those accepted before the program's cancelation.

A Pew Research survey indicated that 40% of Latino individuals in the U.S. fear deportation. Factors contributing to unauthorized status include:

Lengthy wait times for green cards or visas, leading to desperation.
Annual quotas limiting the number of individuals per country approved for legal residence.
Backlogs in the court system, especially in popular states like California, Florida, and New York.
High costs and processing delays can inhibit obtaining or renewing statuses, such as visas.
Refugees and asylum seekers are exempt from certain requirements but must substantiate their need for protection.

Immigrants shaped the United States, with figures like Alexander Hamilton being born outside U.S. territory.
The Statue of Liberty symbolizes freedom and opportunity, enhancing the United States' image as a refuge for the oppressed.
Immigration laws have become a focal point of debate regarding government processes and needed reforms since the establishment of the Department of Homeland Security following the September 11 attacks in 2001.

Federal agency responsible for immigration policy, including visa applications, green cards, asylum status, and the naturalization process.

Law enforcement agency tasked with managing cross-border crime and illegal immigration, with enforcement actions including deportation.
In the year ending September 2021, ICE seized $973 million in unlawful currency and goods.

Agency focused on preventing terrorists and illegal weapons from entering the U.S. while facilitating legal travel and trade.
Ports of entry include airports and border crossings where lawful entry is permitted.

General public consensus on the need for immigration reform including:
- Increased security at the U.S.-Mexico border.
- A structured path for unauthorized immigrants to attain legal status.
- Acceptance of refugees fleeing violence and war.
- Deportation of unauthorized immigrants convicted of crimes.

Specialized attorneys aim to facilitate legal residency for individuals and assist asylum seekers pro bono.
Education includes law school, obtaining a Juris Doctor and passing the bar exam, with no specific certification needed for immigration law.
Experience in immigration law can be acquired by working in law firms that specialize in this area.
Professional association: American Immigration Lawyers Association (AILA) provides resources for members.

U.S. citizens derive their status either by birth or through naturalization.
While the majority of immigrants are lawfully in the country, the complex and pressing issues of unauthorized status persist, necessitating further legislative attention and reform.