National Legislation

Immigration and the Defense of Marriage Act (DOMA): A Q&A Fact Check

Q: What is the Defense of Marriage Act?
A: In 1996, Congress passed the Defense of Marriage Act (DOMA). Section 3 of DOMA defines marriage as a legal union between one man and one woman. At the time DOMA was enacted, no state permitted same-sex marriages. Today, six states and the District of Columbia permit same-sex marriages; several other states honor out-of-state marriages and/or recognize civil unions.

Q: How does DOMA affect immigration cases?
A: There are approximately 36,000 same-sex binational couples living in the United States, and approximately half of these couples are raising children.

Because immigration law is federal, the immigration agencies apply DOMA’s definition of marriage. This means that even gay and lesbian couples who are lawfully married are not considered married for immigration purposes. As a result, gay and lesbian U.S. citizens and permanent residents cannot successfully petition for their spouses; same-sex spouses cannot accompany their American spouse who receives a family or employment-based visa; and lesbian and gay noncitizens cannot obtain a waiver or relief from removal based on their marriage. Essentially, DOMA prevents same-sex couples from receiving the same immigration benefits that different-sex couples receive.Read more...

Published On: Thu, Aug 18, 2011 | Download File

Rep. Lamar Smith’s “Keep Our Community Safe Act of 2011” Creates More Problems than Solutions

One of the ugliest myths in the immigration debate involves the relationship between immigrants and crime. While studies repeatedly have shown that immigrants are less likely to commit crimes than native-born Americans, many politicians exploit the public’s fear of crime to advance a restrictive immigration agenda. One of the latest attempts to do so is the “Keep Our Communities Safe Act of 2011,” or H.R. 1932, introduced by Rep. Lamar Smith (R-TX). This bill seeks to expand the authority of the Department of Homeland Security (DHS) to subject certain immigrants to indefinite—that is, potentially life-long—detention, even though the Supreme Court has held that such detention raises serious constitutional concerns.

This proposal relies on continued detention of immigrants—many of whom have never committed a crime—as a stand-in for fixing the underlying problems of our broken immigration system. The evidence suggests that this bill would increase costs, put further strain on the judicial system, and do little to keep America safe. Read more...

Published On: Wed, Jul 06, 2011 | Download File

Constitutional Citizenship: A Legislative History

Attacks against the Citizenship Clause of the 14^th Amendment have picked up in recent months, with legislators at both the national and state levels introducing bills that would deny U.S. citizenship or “state citizenship” to the children born to unauthorized immigrants in the U.S.

There are two strands of attacks on birthright citizenship. One strand arises out of simple nativist anger at the impact of immigrants, legal or otherwise, on society. The other argues that the current interpretation of the Citizenship Clause as covering the children of “illegal” immigrants is inconsistent with the “original intent” of the Framers of the 14^th Amendment. Originalism is often used as a method to clarify unclear portions of constitutional text or to fill contextual gaps in the document. This is not, however, how originalism is being used in the context to the Citizenship Clause. Here, originalists use clever arguments and partial quotations to eradicate the actual text of the Amendment. In essence, they claim the Framers did not really mean what they said. Read more...

Published On: Mon, Mar 28, 2011 | Download File

Eliminating Birthright Citizenship Would Not Solve the Problem of Unauthorized Immigration

There is no evidence that undocumented immigrants come to the U.S. just to give birth.

Unauthorized immigrants come to the U.S. to work and to join family members. Immigrants tend to be of child-bearing age and have children while they are in the U.S. They do not come specifically to give birth.

Stories about “birth tourism” point to small numbers of foreigners who come to the U.S. legally to give birth to their children. It would be ridiculous to change the U.S. Constitution and impact every single American just to punish a few individuals.

“Anchor babies” are a myth.

U.S.-citizen children do not protect their parents from deportation. Every year the U.S. deports thousands of parents of U.S. citizens.

U.S.-born children cannot petition for legal status for their parents until they turn 21 years old. In most cases, if the petition is granted the parents would still have to leave the U.S. and then be barred from re-entering for at least 10 years. That’s a total of 31 years. Undocumented immigrants do not come to the U.S. to give birth as part of a 31-year plan.

Eliminating birthright citizenship would INCREASE the undocumented population.Read more...

Published On: Tue, Jan 04, 2011 | Download File

Papers Please: Eliminating Birthright Citizenship Would Affect Everyone

Attacks on birthright citizenship at the federal and state level are bound to take many forms—from outright repeal of the Fourteenth Amendment to refusal by states to issue birth certificates to children of undocumented immigrants. Whatever the tactic, attacks on birthright citizenship hurt everyone. Read more...

Published On: Tue, Jan 04, 2011 | Download File

Investing in the American DREAM

Each year, tens of thousands of undocumented immigrant students graduate from American high schools and embark on uncertain futures. Their inability to legally work and receive financial aid stalls, detours, and derails their educational and economic trajectories. Most importantly, at any time, they can be deported to countries they barely know. The Development, Relief, and Education for Alien Minors (DREAM) Act is a federal bill aimed at providing immigration relief to these young people. The passage of this bill would grant many undocumented youth access to legal residency and federal financial aid—thus removing legal and economic barriers to higher education and increasing their contributions to America and the likelihood of upward mobility.

Published On: Thu, Dec 02, 2010 | Download File

The DREAM Act

Creating Opportunities for Immigrant Students and Supporting the U.S. Economy (Updated 05/18/11)

This fact check provides answers to basic questions about the DREAM Act, from a brief legislative history to how and how many students would benefit. To download the PDF, scroll down to the bottom of this page. Read more...

Published On: Thu, Nov 18, 2010 | Download File

The DREAM Act: Creating Economic Opportunities

There are an estimated 1.9 million undocumented children and young adults in the United States who might be eligible for legal status under the Development, Relief, and Education for Alien Minors Act (DREAM) Act. For many of these young people, the United States is the only home they know and English is their first language. Each year, tens of thousands of them graduate from primary or secondary school, often at the top of their classes. They have the potential to be future doctors, nurses, teachers, and entrepreneurs, but they experience unique hurdles to achieving success in this country. Through no fault of their own, their lack of status may prevent them from attending college or working legally. The DREAM Act would provide an opportunity for them to live up to their full potential and make greater contributions to the U.S. economy and society. Read more...

Published On: Thu, Nov 18, 2010 | Download File

An Assessment of DNA Testing for African Refugees

In March 2008, the Bureau of Population, Migration and Refugees (PRM)—the Department of State agency that processes refugees abroad—halted its family reunification program, known as Priority 3 (P3), because of concerns that there were high levels of fraud in the program. In September of 2010, PRM published proposed rules that would change its procedures for processing P3 applicants, including mandatory DNA testing to prove claimed family relationships. Understanding the particular role DNA testing may play in refugee admissions—its costs, its benefits, and the necessary safeguards if put into use—provides insight into not only refugee admissions, but other issues that come into play in immigration policy, such as how family relationships are proven.

This paper traces the underrepresentation of refugees from Africa in the U.S., the allegations of fraudulent African family reunification applications, DNA testing, and how the U.S. government intends to deal with the issue in the future.

Published On: Thu, Oct 21, 2010 | Download File

The DREAM Act: A Resource Page

The plight of the DREAM Act students encapsulates many facets of today's immigration crisis. Caught in a system where there is little, if any, means for legalizing their status, smart, hard-working kids face an uncertain future because of their inability to continue their education, work, or join the military. The loss of potential, productivity, and hope for these individuals is also a loss for this country. The United States is missing out on talented workers and entrepreneurs, and is losing vital tax revenues and other economic contributions. While fixing this particular problem will hardly resolve the need for comprehensive immigration reform, it will unlock the door to the American dream for thousands of young people each year.Read more...

Published On: Thu, Sep 16, 2010 | Download File