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The U.S. immigration system is complex and can be difficult to understand. These resources provide key data points, historical information, and background on hot topics in immigration. Learn the basics about immigration.
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What is Birthright Citizenship?
Birthright citizenship is a legal principle under which citizenship is automatically granted to individuals upon birth. There are two forms of birthright citizenship: ancestry-based citizenship and birthplace-based citizenship. Birthplace-based citizenship, which grants citizenship based on place of birth, is formally referred to as jus soli, a Latin term meaning "right of the soil."
In the United States, birthright citizenship is guaranteed by the Fourteenth Amendment to the Constitution. Specifically, it states that "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." This principle was confirmed by the 1898 Supreme Court case United States v. Wong Kim Ark, which clarified that children born in the U.S. to immigrant parents are citizens, regardless of their parents' immigration status.
The U.S. employs a combination of:- Unrestricted birthplace-based citizenship (jus soli): Granting citizenship to anyone born on U.S. soil, regardless of their parents' status, with exceptions like children of foreign diplomats.]
- Restricted ancestry-based citizenship (jus sanguinis): Extending citizenship to children born abroad to U.S. citizens, provided statutory requirements are met.
Globally, birthright citizenship is common in the Americas but less so in other regions. The historical foundation of this principle in the U.S. reflects its aim to eliminate legal inequalities and promote inclusivity
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No one should be deported without a fair day in court. The American Immigration Council produces resources on the immigration enforcement system and provides attorneys with practical resources they need to fight for their clients.
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How does immigration help the economy? Immigrants make a significant impact on state and local economies. Learn more about the contributions immigrants make as workers, taxpayers and consumers.
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Do undocumented immigrants pay taxes?
Undocumented immigrants play a crucial role in the U.S. economy, not only through their labor but also through substantial tax contributions that support public services and government programs.
- In 2023, households led by undocumented immigrants paid $89.8B in total taxes. This includes $33.9B in state and local taxes and $55.8B in federal taxes.
- In 2023, approximately 4.9% of the U.S. workforce was undocumented.
- 89.4% of undocumented immigrants are of working age.
Our Map the Impact tool shows the tax contributions of immigrants at the national, state and local level.
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While updating our immigration system has been a slow process, over the last decade, there have been efforts to pass comprehensive immigration reform legislation and the DREAM Act. Other reform efforts include executive actions such as Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Learn more about the ways America can upgrade its immigration system.
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What role do immigrants play in American business and the American workforce? Immigrants work in a range of skilled positions in the U.S. and start businesses that boost the American economy. Learn more about immigrant entrepreneurship and workforce participation.
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The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation. The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements. Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.
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The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.
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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.
What does the constitution say about due process?
The Fifth Amendment to the Constitution says clearly that no person shall be deprived of life, liberty, or property without the due process of law. Note that this says person, not citizen, and over the years the Supreme Court has consistently ruled that the Due Process Clause applies to all people in the United States.
Do non-citizens have the right to due process in the U.S.?
Yes. The Constitution guarantees due process rights to all "persons," not just citizens. This means non-citizens, including undocumented immigrants, are entitled to fair treatment under the law. This includes the right to defend themselves in court.
But recent Trump administration policies that speed up deportations and limit access to legal representation make it harder for non-citizens to get their fair day in court.
- Access to legal representation
Access to legal counsel is an essential part of our justice system and our democracy. In the criminal justice system, anyone facing even one day in jail gets a lawyer if they can't afford one. But immigrants facing deportation usually don't get that chance.
The research is clear – the most effective way to ensure some level of due process for people navigating our complicated immigration system is for them to have trained attorney at their side.
But Trump administration is now working to strip attorneys from as many people as possible, all in the name of increasing its deportation numbers. This attempt to eliminate basic due process will hurt people who already have few options. - Fair day in court
Due process guarantees that individuals have the opportunity to defend themselves in court. This includes non-citizens facing deportation.
Why is due process important?
We are seeing right now the importance of due process when it comes to President Trump's actions to carry out the so-called Alien Enemies Act, a 1798 wartime law that permits people to be deported outside of the normal framework of immigration law.
President Trump has alleged that this law allows him to simply point at any person, declare them to be an alien enemy, and kick them out of the country without ever having a chance to see a judge. Thankfully, the Supreme Court said that is not true, and in a unanimous decision, ruled that people can challenge the Trump administration's invocation of the Alien Enemies Act.
That is why due process is so important, because it means that no person can be rounded up and sent to another country without a chance to go to court and make the government prove their case.
How is the American Immigration Council working to protect due process?
- We serve thousands of individuals in immigration detention centers through the Immigration Justice Campaign, our initiative with the American Immigration Lawyers Association. The Justice Campaign provides free legal services for immigrants who would otherwise have to navigate our complicated immigration system without a lawyer.
- We use the courts to demand a fair process for immigrants. Our litigation team is fighting back against the Trump administration’s blatant disregard for due process including filing a lawsuit challenging their illegal detention of immigrants in El Salvador’s notorious Terrorism Confinement Center (CECOT).
- Access to legal representation
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The United States has long-been a beacon of hope for individuals around the world seeking protection and refuge. Our immigration policies must continue to protect those who need it. Learn more about how America can continue to provide humanitarian protection to those in times of crisis.
