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Just the Facts

Immigration Fact Checks provide up-to-date information on the most current issues involving immigration today.

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

Immigration, Entrepreneurship and Job Growth: A Resource Page

As America’s economic recovery continues to be a national priority, leaders on both sides of the aisle need to continue looking at immigration reform as a strategy for promoting job creation and growth. If Congress is serious about our nation’s economic recovery, they must earnestly consider and debate real immigration legislation with the goal of creating more investment opportunities and spurring innovation and entrepreneurship. The following resources provide the basics of employment-based immigration and explain how immigrants have and will continue to play a significant role in the economic well-being of the United States.Read more...

Published On: Fri, Aug 05, 2011 | Download File

Mexican Migration Patterns Signal a New Immigration Reality

Fewer Mexicans are Entering the U.S., Fewer Are Leaving, and Mexican American Births Now Outpace Immigration from Mexico

Much of what we thought we knew about immigration is changing, and the new reality means we need to think differently about how we approach immigrants and immigration reform in the United States.  Unauthorized immigration has clearly paused, and three-fifths of unauthorized immigrants have been in the United States for more than a decade.  Immigrants are becoming more integrated into U.S. communities.  Given these trends, now is the time to seriously consider comprehensive immigration reform. Read more...

Published On: Mon, Aug 01, 2011 | Download File

Dissecting the HALT Act: The Impact of Eliminating Discretion from Our Immigration System

Immigration restrictionists on Capitol Hill are attempting to move legislation through Congress that would prevent the Obama Administration from exercising the executive branch’s long-held power of prosecutorial discretion.  The “Hinder the Administration’s Legalization Temptation Act" (HALT Act) is a bill introduced by Representative Lamar Smith (R-TX) that would suspend certain discretionary forms of immigration protections and relief until January 21, 2013—the day after the first Obama administration comes to an end.  The bill would also revoke any of the specified protections and relief that are granted between the date of the bill’s introduction (July 12, 2011) and the date of its enactment.  According to a letter circulated by Rep. Smith to solicit support for the HALT Act, its purpose is to “remind the Obama Administration that the founding fathers put Congress in charge of setting the nation’s immigration policy.”  What Rep. Smith seems to forget is that the American system of justice has long granted the executive branch of government the discretion to decide how, and against whom, to enforce federal immigration laws.

The HALT Act takes aim at the following types of immigration protections and relief:

Waiver of the 3 and 10 Year Bars to Admission
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Published On: Mon, Jul 25, 2011 | Download File

So Close and Yet So Far: How the Three- and Ten-Year Bars Keep Families Apart

Most Americans take it for granted that marriage to a U.S. citizen and other family relationships entitle an immigrant to a green card, but there are barriers that often prevent or delay these family members from becoming lawful permanent residents, even if they are already in the United States.  Among these barriers are the “three- and ten-year bars,” provisions of the law which prohibit applicants from returning to the United States if they were previously in the U.S. illegally. Thousands of people who qualify for green cards based on their relationships to U.S. citizen or lawful permanent resident relatives leave the U.S. to obtain their green card are caught in a Catch-22—under current law they must leave the country to apply for their green card abroad, but as soon as they leave, they are immediately barred from re-entering the U.S. for three or ten years.

The Secretary of Homeland Security may waive the bar to admission if extreme hardship to a spouse or parent can be established.  But there are no waivers available for others, even if it would mean hardship for U.S. citizen children.  Unfortunately, current policies and interpretations of these provisions have made it difficult—and sometimes impossible—for many deserving applicants to obtain a waiver, especially if they initially entered the country illegally.  Under current DHS policy, applicants must apply for the waiver from abroad, sometimes waiting months or years in another country before they learn whether the waiver has been granted and whether they will be permitted to return to their loved ones in the United States.Read more...

Published On: Mon, Jul 25, 2011 | Download File

The Impact of E-Verify on California’s Economy

Some members of Congress have proposed making it mandatory for all employers to use E-Verify—the federal, web-based program through which U.S. businesses can verify the work authorization of new hires.  However, mandatory E-Verify without immigration reform is not a solution to the problem of unauthorized immigration.  Addressing the reality of a workforce that relies on unauthorized immigrants requires a more comprehensive package of reforms—including a legalization program that brings unauthorized workers out of the shadows, and the creation of sufficient legal visas for the immigrant workers America needs.  Mandatory E-Verify alone is likely to harm the economy and U.S. workers.

Immigrants in California.
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Published On: Wed, Jul 20, 2011 | Download File

The Impact of E-Verify on Virginia’s Economy

Some members of Congress have proposed making it mandatory for all employers to use E-Verify—the federal, web-based program through which U.S. businesses can verify the work authorization of new hires.  However, mandatory E-Verify without immigration reform is not a solution to the problem of unauthorized immigration.  Addressing the reality of a workforce that relies on unauthorized immigrants requires a more comprehensive package of reforms—including a legalization program that brings unauthorized workers out of the shadows, and the creation of sufficient legal visas for the immigrant workers America needs.  Mandatory E-Verify alone is likely to harm the economy and U.S. workers.

Immigrants in Virginia.
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Published On: Wed, Jul 20, 2011 | Download File

The Impact of E-Verify on Ohio’s Economy

Some members of Congress have proposed making it mandatory for all employers to use E-Verify—the federal, web-based program through which U.S. businesses can verify the work authorization of new hires.  However, mandatory E-Verify without immigration reform is not a solution to the problem of unauthorized immigration.  Addressing the reality of a workforce that relies on unauthorized immigrants requires a more comprehensive package of reforms—including a legalization program that brings unauthorized workers out of the shadows, and the creation of sufficient legal visas for the immigrant workers America needs.  Mandatory E-Verify alone is likely to harm the economy and U.S. workers.

Immigrants in Ohio.
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Published On: Wed, Jul 20, 2011 | Download File

The Impact of E-Verify on Massachusetts’ Economy

Some members of Congress have proposed making it mandatory for all employers to use E-Verify—the federal, web-based program through which U.S. businesses can verify the work authorization of new hires.  However, mandatory E-Verify without immigration reform is not a solution to the problem of unauthorized immigration.  Addressing the reality of a workforce that relies on unauthorized immigrants requires a more comprehensive package of reforms—including a legalization program that brings unauthorized workers out of the shadows, and the creation of sufficient legal visas for the immigrant workers America needs.  Mandatory E-Verify alone is likely to harm the economy and U.S. workers.

Immigrants in Massachusetts
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Published On: Wed, Jul 20, 2011 | Download File

The Impact of E-Verify on Minnesota’s Economy

Some members of Congress have proposed making it mandatory for all employers to use E-Verify—the federal, web-based program through which U.S. businesses can verify the work authorization of new hires.  However, mandatory E-Verify without immigration reform is not a solution to the problem of unauthorized immigration.  Addressing the reality of a workforce that relies on unauthorized immigrants requires a more comprehensive package of reforms—including a legalization program that brings unauthorized workers out of the shadows, and the creation of sufficient legal visas for the immigrant workers America needs.  Mandatory E-Verify alone is likely to harm the economy and U.S. workers.

Immigrants in Minnesota
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Published On: Wed, Jul 20, 2011 | Download File