What is the US immigration law?
What is a US citizen?
Who is an immigrant?
How are immigrants admitted for permanent residence?
Who is a refugee?
Who is an undocumented immigrant?
Who is a non-immigrant?
Who is a naturalized citizen?
How can I report an illegal alien or illegal activity?
What is considered "illegal activity" under US immigration law?
Does everyone who wants to work in the US need to prove that they are legally eligible to work?
As an employer, how do I check an employee's work eligibility?
What is the Basic Pilot Program?
What is the Real ID Act?
What is "La Raza"?
What are Mexico's immigration laws?

What is the US immigration law?

The Immigration and Nationality Act, or INA, was created in 1952. Before the INA, a variety of statutes governed immigration law but were not organized in one location. The McCarran-Walter bill of 1952, Public Law No. 82-414, collected and codified many existing provisions and reorganized the structure of immigration law. The Act has been amended many times over the years, but is still the basic body of immigration law.

The INA is divided into titles, chapters, and sections. Although it stands alone as a body of law, the Act is also contained in the United States Code (USC.). The code is a collection of all the laws of the United States. It is arranged in fifty subject titles by general alphabetic order. Title 8 of the US Code is one and deals with "Aliens and Nationality."

Who is a US citizen?

A US citizen is someone who:

• Is born in the United States to US citizen parents or to a legal permanent resident alien parent(s)
• Is born overseas to US citizen parent(s)
• Has been naturalized according to the laws of the United States
• Is born in the United States or within the jurisdiction of the United States, according to the current interpretation of the 14th amendment to the US Constitution

Who is an immigrant?

According to US law, an immigrant is a foreign-born individual who has been admitted to reside permanently in the United States as a Lawful Permanent Resident (LPR).

How are immigrants admitted for permanent residence?

Typically, a foreign-born individual seeking to become a Lawful Permanent Resident (LPR) can do so in one of three ways:

1. Through family-sponsored immigration: a US citizen can sponsor his or her foreign-born spouse, parent (if the sponsor is over the age of 21), minor and adult married and unmarried children, and brothers and sisters.
2. Through employment-based immigration: a US employer can sponsor an individual for a specific position where there is a demonstrated absence of US workers.
3. Through visa lotteries: a foreign national can become an LPR by winning one of a limited number of immigrant visas available in the annual diversity visa lottery open to residents of certain countries.

For more information, please see the USCIS' Guide to Naturalization.

Who is a refugee?

A refugee is a person outside of the United States who seeks protection from persecution in his or her homeland. To obtain refugee status, a person must prove a "well-founded fear of persecution" on the basis of at least one of five specifically enumerated and internationally recognized grounds: race, religion, social group, political opinion, and national origin.

A person who has already entered the United States, and who fears persecution if sent back to his or her country, may apply for asylum. Once granted asylum, the person is called an "asylee." Like a refugee, an asylum applicant must also prove a "well-founded fear of persecution" based on the same grounds. Both refugees and asylees may apply to become Lawful Permanent Residents after one year.

Who is an undocumented immigrant?

An undocumented immigrant, or illegal alien, is a person residing in the United States without the permission of the US government. Undocumented immigrants enter either illegally, without being inspected by an immigration officer or by using false documents; or legally, with a temporary visa, and then remain in the United States beyond the expiration date of the visa.

Who is a non-immigrant?

A non-immigrant is an individual permitted to enter the United States for a period of limited duration: students, tourists, temporary workers, business executives, diplomats, artists, entertainers, and reporters.

Who is a naturalized citizen?

Lawful Permanent Residents (LPRs) are eligible to apply for US citizenship through a process called naturalization. To qualify for naturalization, applicants must reside in the country for five years (three if married to a US citizen) without having committed any serious crimes; show that they have paid their taxes and are of "good moral character"; and demonstrate a knowledge of US history and government, as well as an ability to understand, speak, and write English.

How can I report an illegal alien or illegal activity?

To report an illegal alien or illegal activity contact the Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security by calling 1-866-DHS-2-ICE (1-866-347-2423).

You can also make a report with the DHS/ICE Investigations division in a city near you through the telephone numbers for Special Agent-in-Charge (SAC) offices listed on the ICE website. Or send a letter if you want a written record.

*To receive assistance with filing a report, visit: http://www.reportillegals.com/

If you suspect an employer of paying illegal alien workers “under the table,” please contact your local Internal Revenue Service branch office as this is a violation of tax laws.

What is considered "illegal activity" under US immigration law?

The following are examples of common violations of US Immigration laws (not a complete list):

• Filing false statements on applications or petitions
• Making a false claim of US citizenship
• Making, altering, or using counterfeit immigration documents or documents to support immigration applications or petitions
• Failing to report the arrival of illegal aliens
• Assisting or encouraging aliens to come to the United States in violation of the law
• Harboring an illegal alien
• Knowingly employing aliens who do not have permission to work in the United States
• Recruiting or referring for a fee aliens who do not have permission to work in the United States
• Failing to complete and maintain immigration Form I-9 for all new employees, whether citizens or aliens
• Failing to depart the United States when ordered removed (deported)
• Entering or attempting to enter the United States at a time or place that is not authorized
• Attempting to enter the United States by misrepresenting (lying about) material facts
• Entering into a marriage to circumvent immigration laws
• Entering or attempting to enter the United States without permission after having been removed (deported)
• Assisting an alien to enter the United States for prostitution or other illegal/immoral purposes

Does everyone who wants to work in the United States need to prove that they are legally eligible to work?

Yes. While US citizens and nationals are automatically eligible, they too must present proof of employment eligibility and identity and complete an Employment Eligibility Verification form (Form I-9). Citizens of the US include persons born in Puerto Rico, Guam, the US Virgin Islands, and the Northern Mariana Islands. Nationals of the US include persons born in American Samoa, including Swains Island.

As an employer, how do I check an employee’s work eligibility?

Check employee eligibility by calling the Department of Homeland Security’s (DHS) Basic Pilot Program at 1-800-255-8155 between 9am and 5pm EST, and by filing a Form I-9, which is required upon hiring of all workers, including US citizens and nationals. Form I-9s are filed with the DHS.

If DHS discovers that your employee used false documents to obtain his or her position, it will pursue the matter with the employee and you should not be held liable.

For more information on immigration and employment, visit the USCIS webpage.

What is the Basic Pilot Program?

The Basic Pilot Employment Verification Program (Basic Pilot) is a free and voluntary service to employers that involves verification checks of the Social Security Administration (SSA) and DHS databases to verify employment eligibility for all new hires.

The Basic Pilot:
• Clarifies document review during the Form I-9 process
• Allows participating employers to confirm employment eligibility of all new hires
• Improves the accuracy of wage and tax reporting, and
• Protects jobs for authorized US workers

Basic Pilot has been available to all employers in California, Florida, Illinois, New York and Texas since November 1997 and to employers in Nebraska since March 1999.

To see a list of employers who have agreeded to participate in this program, go to the Smart Business Practices webpage.

What is the Real ID Act?

The federal Real ID act, signed into law by President Bush on May 11, 2005, is a national security measure designed to prevent illegal aliens and would-be terrorists from getting driver’s licenses.

It requires states, within three years of the act’s passage, by May 2008, to ask for documentation that goes beyond what most states currently ask license applicants to produce: a photo identity document, documentation of birth, proof of Social Security number, and documentation of an applicant’s name and address of principal residence.

In addition, the law requires states to verify those documents and keep digital copies. Among other provisions, the Real ID Act calls for tamper-proof, machine-readable licenses manufactured in secure areas by employees with security clearances.

The law will affect an estimated 240 million driver’s licenses.

For more information on the Real ID Act, please visit:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR00418:@@@D&summ2=m&

What is "La Raza"?

Meaning literally, "The Race" in Spanish, La Raza a term for the pro-Hispanic movement in the United States, and for the organization the National Council of La Raza, or NCLR. In their own words, NCLR “works to improve opportunities for Hispanics Americans,” although they also fight for the rights and opportunities of Hispanic illegal aliens.

NCLR is one of many groups in the La Raza movement, which includes the Mexican American Legal Defense Fund (MALDEF) and Chicano Student Movement of Aztlan (MEChA), but it is the most prominent—and well funded. For a full list of NCLR’s funders, please visit http://www.nclr.org/section/about/funding/.

A high priority for NCLR and other La Raza groups is lobbying Congress for amnesties, more rights for illegal aliens, and less stringent border protection.

In addition to hefty funding from corporations and private foundations, in 2005 NCLR succeeded in collecting over $15.2 million in federal grants, of which $7.9 million was in US Department of Education grants for Charter Schools, and undisclosed amounts for get-out-the-vote efforts supporting La Raza political positions.

For other information on the La Raza movement, visit
http://capsweb.org/facts/www.maldef.org/
http://www.azteca.net/aztec/mecha/
http://www.nclr.org/

What are Mexico's immigration laws?

Mexico has a radical idea for a rational immigration policy that most Americans would love. However, Mexican officials haven't been sharing that idea with us as they press for our Congress to adopt the McCain-Kennedy immigration reform bill.

That's too bad, because Mexico, which annually deports more illegal aliens than the United States does, has much to teach us about how it handles the immigration issue. Under Mexican law, it is a felony to be an illegal alien in Mexico.

At a time when the Supreme Court and many politicians seek to bring American law in line with foreign legal norms, it's noteworthy that nobody has argued that the U.S. look at how Mexico deals with immigration and what it might teach us about how best to solve our illegal immigration problem. Mexico has a single, streamlined law that ensures that foreign visitors and immigrants are:

• in the country legally;
• have the means to sustain themselves economically;
• not destined to be burdens on society;
• of economic and social benefit to society;
• of good character and have no criminal records; and
• contributors to the general well-being of the nation.

The law also ensures that:

• immigration authorities have a record of each foreign visitor;
• foreign visitors do not violate their visa status;
• foreign visitors are banned from interfering in the country's internal politics;
• foreign visitors who enter under false pretenses are imprisoned or deported;
• foreign visitors violating the terms of their entry are imprisoned or deported;
• those who aid in illegal immigration will be sent to prison.

Who could disagree with such a law? It makes perfect sense. The Mexican constitution strictly defines the rights of citizens -- and the denial of many fundamental rights to non-citizens, illegal and illegal. Under the constitution, the Ley General de Població General Law on Population, spells out specifically the country's immigration policy.

It is an interesting law -- and one that should cause us all to ask, Why is our great southern neighbor pushing us to water down our own immigration laws and policies, when its own immigration restrictions are the toughest on the continent? If a felony is a crime punishable by more than one year in prison, then Mexican law makes it a felony to be an illegal alien in Mexico.

If the United States adopted such statutes, Mexico no doubt would denounce it as a manifestation of American racism and bigotry.

We looked at the immigration provisions of the Mexican constitution. Now let's look at Mexico's main immigration law.

Mexico welcomes only foreigners who will be useful to Mexican society:

• Foreigners are admitted into Mexico "according to their possibilities of contributing to national progress." (Article 32)
• Immigration officials must "ensure" that "immigrants will be useful elements for the country and that they have the necessary funds for their sustenance" and for their dependents. (Article 34)
• Foreigners may be barred from the country if their presence upsets "the equilibrium of the national demographics," when foreigners are deemed detrimental to "economic or national interests," when they do not behave like good citizens in their own country, when they have broken Mexican laws, and when "they are not found to be physically or mentally healthy." (Article 37)
• The Secretary of Governance may "suspend or prohibit the admission of foreigners when he determines it to be in the national interest." (Article 38)

Mexican authorities must keep track of every single person in the country:

• Federal, local and municipal police must cooperate with federal immigration authorities upon request, i.e., to assist in the arrests of illegal immigrants. (Article 73)
• A National Population Registry keeps track of "every single individual who comprises the population of the country," and verifies each individual's identity. (Articles 85 and 86)
• A national Catalog of Foreigners tracks foreign tourists and immigrants (Article 87), and assigns each individual with a unique tracking number (Article 91)

Foreigners with fake papers, or who enter the country under false pretenses, may be imprisoned:

• Foreigners with fake immigration papers may be fined or imprisoned. (Article 116)
• Foreigners who sign government documents "with a signature that is false or different from that which he normally uses" are subject to fine and imprisonment. (Article 116)
• Foreigners who fail to obey the rules will be fined, deported, and/or imprisoned as felons: Foreigners who fail to obey a deportation order are to be punished. (Article 117)
• Foreigners who are deported from Mexico and attempt to re-enter the country without authorization can be imprisoned for up to 10 years. (Article 118)
• Foreigners who violate the terms of their visa may be sentenced to up to six years in prison (Articles 119, 120 and 121). Foreigners who misrepresent the terms of their visa while in Mexico -- such as working with out a permit -- can also be imprisoned.
• Under Mexican law, illegal immigration is a felony. The General Law on Population says, "A penalty of up to two years in prison and a fine of three hundred to five thousand pesos will be imposed on the foreigner who enters the country illegally." (Article 123)
• Foreigners with legal immigration problems may be deported from Mexico instead of being imprisoned. (Article 125)
• Foreigners who "attempt against national sovereignty or security" will be deported. (Article 126)

Mexicans who help illegal aliens enter the country are themselves considered criminals under the law:

A Mexican who marries a foreigner with the sole objective of helping the foreigner live in the country is subject to up to five years in prison. (Article 127) Shipping and airline companies that bring undocumented foreigners into Mexico will be fined. (Article 132)

All of the above runs contrary to what Mexican leaders are demanding of the United States. The stark contrast between Mexico's immigration practices versus its American immigration preachings is telling. It gives a clear picture of the Mexican government's agenda: to have a one-way immigration relationship with the United States.