A Sure Foundation: Grounding Ourselves in the Basics of Immigration Policy
- MWEG
- Jul 11
- 15 min read
Immigration can feel like an overwhelming issue full of policies, history, headlines, and opinions. But working toward meaningful change doesn’t require expertise. It begins right where we are — in our conversations, with our communities, and through our willingness to listen and learn.
This Q&A is designed to provide basic, trustworthy information that helps us separate myths from meaning. Whether you’re new to these questions or looking to deepen your understanding, you don’t need to have all the answers to move forward with confidence and compassion. By grounding ourselves in truth and working to see others as God sees them, we can engage in more productive, faith-filled discussions about immigration — and take small, steady steps toward a more just and welcoming world.
Differences in status
What are the main types of visas and immigration statuses?
Immigration status in the U.S. refers to the category that determines how long someone can stay, what they can do while here (work, study, etc.), and their path to permanent residency or citizenship. A visa is a document placed in a passport that grants the holder permission to enter and leave a country. Some of the main types of visas are:
Nonimmigrant visas (temporary stay)
These visas are for individuals coming to the U.S. for a limited time, do not lead to permanent residence, and have a specific purpose:
Tourist visa (B-2): For travel, visiting family, or medical treatment.
Business visa (B-1): For business visitors (meetings, conferences, etc.).
Student visa (F or M): For studying at accredited U.S. schools.
Temporary work visas (H-1B, H-2A, H-2B, O-1, L-1, etc.): For temporary employment under employer sponsorship; can range from seasonal agricultural work to individuals with an “extraordinary ability”.
Immigrant visas for lawful permanent residents, also known as “green card” holders)
These are for people intending to live permanently in the U.S. Many paths lead to this status; someone with a non-immigrant visa can apply to transition to an immigrant visa or permanent residence:
Family-based: Sponsored by a U.S. citizen or green card holder (e.g., spouse, parent, child).
Employment-based: For certain skilled workers, investors, or employees of U.S. companies.
Diversity immigrant visa program: A lottery program for people from countries with low immigration rates to the U.S.
Granted asylum/refugee petition: Those whose petitions have been granted by an immigration judge or official are then allowed to permanently resettle and apply for lawful permanent residence.
Humanitarian protections
These categories protect people fleeing danger or facing extreme hardship:
Asylum: For people already in the U.S. or at the border fleeing persecution and filing an asylum petition in the U.S. immigration courts.
Temporary protected status (TPS): For people from certain countries experiencing conflict or disaster.
U visas: For victims of serious crimes who assist law enforcement in the arrest and conviction of an assailant.
T visas: For victims of human trafficking.
Special immigrant juvenile status (SIJS): For minors abused, abandoned, or neglected by parents.
Undocumented
“Undocumented” is a broad term often used to refer to immigrants without legal status in the U.S. This may be due to:
Entering without inspection: An individual did not present themselves at an official port of entry for inspection and permission to enter the country.
Out of status: An individual entered with legal status but then remained in the country after their visa expired or did not meet criteria to maintain status.
Loss of temporary protection (e.g., DACA or TPS expiration).
While these individuals have limited rights and protections, many still pay taxes while working in the U.S. and may qualify for certain forms of relief depending on their situation.
Naturalized citizen
A lawful permanent resident who has completed the citizenship process and met all requirements of passing a civics test and taking an oath of allegiance to the U.S.
What is the difference between an immigrant, a refugee, and an asylum seeker?
An immigrant is someone who moves to another country to live there permanently or long term. People may choose to immigrate for many reasons, including work, education, family, or better opportunities.
A refugee is someone who has been forced to flee their home country due to war, violence, or persecution based on their race, religion, membership in a particular social group, or political opinion, and has been granted permission to enter another country for protection. Refugees are screened and approved prior to arriving in the U.S. through a formal resettlement program.
An asylum seeker, or asylee, is also fleeing danger or fear of persecution in a home country due to race, religion, nationality, political opinion, or membership in a particular social group (like LGBTQ+ identity or tribal affiliation). Requesting asylum is a protected right under U.S. and international law that allows individuals to do so after they arrive on U.S. soil or at a port of entry (like a border crossing or airport). However, the process is complex, and many asylum seekers face long waits, immigration court backlogs, legal challenges, and narrow qualifiers.
What happens to unaccompanied minors at the border?
When a child under 18 arrives at the U.S. border without a parent or legal guardian, they are classified as an unaccompanied minor — even if they are traveling with a sibling or other extended family member. By law, they must be transferred from immigration enforcement to the Office of Refugee Resettlement (ORR) within 72 hours. ORR places them in shelters or with vetted family sponsors while they go through immigration proceedings. Many are fleeing gang violence, abuse, or extreme poverty. They are not guaranteed a lawyer, even though they must appear in immigration court. Legal aid, community support, and advocacy are essential to ensure their rights are protected.
What is the difference between being undocumented and being out of status?
Being undocumented means a person is in the U.S. without legal permission, either because they crossed the border without inspection or stayed after a visa was denied or expired.
Being out of status means someone entered legally (like with a tourist, student, or work visa) but then did not follow the terms of their visa.
Both situations are subject to removal from the U.S., but understanding the differences helps clarify that not all undocumented people entered unlawfully. Many lose status due to bureaucratic delays, miscommunication, or policy changes.
What is DACA, and who qualifies for it?
DACA stands for the Deferred Action for Childhood Arrivals program. It was created by way of executive order during the Obama administration in 2012. The program protects certain undocumented individuals who were brought to the U.S. as children from being deported. It allows them to live and work legally, but it does not provide a pathway to permanent residency or citizenship.
When new applications were being accepted, individuals had to meet specific criteria, including:
Arriving in the U.S. before the age of 16
Living in the U.S. continuously since June 15, 2007
Being under age 31 as of June 15, 2012
Having no serious criminal record
DACA is not a legal status; it is a temporary protection. The program has faced legal scrutiny since its inception, so its future continues to be uncertain. As of now, only renewal applications are being processed; new applications are not being accepted due to ongoing litigation.
Many DACA recipients, often referred to as “dreamers,” have lived in the U.S. for most of their lives and consider it home. They contribute to communities, workplaces, and families across the country but live with the ongoing uncertainty of their immigration status.
Constitutional rights
What rights do undocumented immigrants have in the U.S.?
The Supreme Court has held that basic constitutional rights apply to everyone within the jurisdiction of the U.S., regardless of immigration status or documentation. These rights include:
The right to due process (a fair legal process)
Due process means a fair hearing and set legal procedures must occur before an individual’s or state’s rights, freedoms, or property are ever removed. These rights are guaranteed in the Fifth and Fourteenth Amendments.
The right to remain silent if questioned by immigration agents.
The right to an attorney (though not at government expense in immigration court).
The right to be protected from unreasonable searches and seizures.
Additionally, all children, regardless of their status, have the right to attend public school. Emergency medical care is also available to everyone. It’s important to remember that undocumented does not mean “without rights.”
Are there any differences in rights between a U.S.-born citizen and a naturalized citizen?
Generally, no. A naturalized U.S. citizen has nearly all the same rights and responsibilities as someone born in the U.S. They can vote, serve on a jury, run for office (except for the presidency), and have the same constitutional protections. The only difference is that in very rare cases a naturalized citizen could lose their citizenship through a process called denaturalization if it was found that they committed fraud in their application. However, this is uncommon and requires legal proceedings.
Simplifying processes
Why do people migrate to the U.S.?
People migrate to the U.S. for a mix of economic, political, social, and personal reasons. Often, migration is not just a choice, it is a necessity. Here are some common reasons:
Safety and protection: Many flee violence, war, persecution, or political instability; others may be escaping domestic abuse, gang threats, or state-sponsored oppression.
Economic opportunity: People migrate to find work, support their families, and build a better future, especially when jobs are scarce or wages are unlivable in their home countries.
Family reunification: U.S. citizens and lawful residents can sponsor spouses, children, or parents to reunite with their loved ones after years of separation.
Education: Many come to pursue high-quality education from universities or highly specialized programs.
Environmental and climate factors: Droughts, hurricanes, and natural disasters displace people, especially in regions without a strong government to support rebuilding after loss or instability.
Migration is rarely a simple decision. It often involves leaving behind everything familiar in search of dignity, safety, and opportunity — values that are at the heart of the American story and have drawn people to its lands for centuries.
Why don’t people migrate legally, and how long does the legal process take?
Many people want to migrate legally, but the reality is that the U.S. immigration system is extremely limited, slow, and often inaccessible — especially for those fleeing poverty, violence, or climate disasters. Legal pathways are determined by visa category and country of origin, and the process can take years or even decades. For example:
A U.S. citizen sponsoring a sibling from Mexico may wait more than 20 years.
A skilled worker might wait several years due to strict visa caps.
Refugees often wait 18-36 months while enduring intense security screenings and prolonged displacement.
These delays are caused by outdated immigration laws, limited government processing capacity, and annual quotas by country and category. There are very few legal avenues for people without advanced education, wealth, or close family ties in the U.S. In many cases, there is no “line” to get into — especially for those in urgent need. That’s why many people have no choice but to migrate outside official channels. The system is often described as “broken” because it doesn’t reflect the realities of global migration or the need for safety, family unity, and opportunity.
What is immigration court, and how is it different from criminal court?
Immigration court is part of the civil legal system, not the criminal one. That means people in immigration proceedings are not being charged with crimes but with violating immigration law, like overstaying a visa or entering without permission.
Some key differences to note:
Immigrants do not have the right to a government-funded attorney (unlike in criminal court).
Many go through the court without legal representation, even if they are children.
The judge does not decide innocence or guilt; decisions are focused on whether someone can stay in the U.S. or must be deported.
Immigration court decisions can be appealed, but the system is overloaded and very difficult to navigate without an attorney’s expertise.
How does the U.S. decide on immigration and refugee laws and procedures? What roles do politics, economics, ethics, and humanitarian needs play in shaping policy?
Immigration and refugee policies in the U.S. are shaped by a combination of law, political priorities, economic interests, and humanitarian values.
It is the legislative branch’s (Congress) responsibility to create immigration laws, such as who qualifies for visas, green cards, or refugee resettlement.
The executive branch (the president and the federal agencies under their command) sets enforcement priorities and can create programs (like DACA) or restrictions (like travel bans) through executive orders.
The judicial branch (court systems) can review and block policies if they violate constitutional or legal protections.
Politics play a big role in immigration policies and priorities. Some administrations emphasize enforcement and border control, while others prioritize expanded pathways to status or humanitarian protection. Economic needs (such as labor shortages) and global crises (like wars or natural disasters) also influence who is admitted and how many refugees can be accepted each year. Because of this, policy can change drastically from one administration to another.
Why is it so hard to pass immigration reform?
Immigration reform is difficult to pass in the U.S. because it sits at the intersections of politics, economics, national identity, and public emotion. This makes it one of the most polarized and complex policy issues in the country. Here are a few reasons why:
Deep political divides: Immigration is highly politicized, with strong disagreements between and within political parties about what reform should look like.
Fear of political backlash: Lawmakers often worry about how voters and other members of their parties will respond, especially during election years. Even when there is public support for reform, fear of political consequences stalls progress at all levels of public service.
A complicated intersection: Immigration touches on many systems, including labor, education, national security, and health care. This means meaningful reform has to address all the moving parts of the issue.
An outdated system: Current immigration laws are decades old and no longer meet the realities of today’s economy, global migration patterns, or humanitarian needs. Updating the system requires bipartisan cooperation, which has been rare in recent years as a result of increasingly polarized political views on the issue.
Misinformation and fear: Public understanding is often shaped by misinformation or fear-based narratives, which make meaningful dialogue harder. When newcomers are portrayed as threats rather than neighbors, it becomes easier for reform to stall.
Economic dependence on exploited labor: Industries like agriculture, food processing, hospitality, and construction rely heavily on undocumented labor. These workers often face low wages, unsafe conditions, and few legal protections as a result of their status. Despite this, the economy benefits from this labor, and the system offers no legal path to stability. Some politicians and businesses oppose reform because they fear legal status would mean better wages and protections for workers, challenging the low-cost labor system they benefit from.
Breaking down myths
What challenges are associated with immigration? What are some common concerns about immigrants?
Immigrants often face complex and deeply human challenges, including but not limited to:
Legal obstacles like long wait times, high legal fees, confusing paperwork, and a limited number of visas.
Family separation due to detention, deportation, distance, or long immigration backlogs.
Language barriers and discrimination.
Workplace exploitation or low wages, especially for undocumented workers.
Access to healthcare, housing, or education, especially in unfamiliar or hostile environments.
Common public concerns include fears about job competition, crime, or public services, but research consistently shows that:
They are less likely to commit crimes than native-born citizens.
They contribute more in taxes than they take in services over time.
As a result, it is essential for us to combat fear-based myths with facts and stories that foster understanding and empathy.
How does immigration benefit or impact the U.S economy and society?
Immigrants contribute significantly to the U.S. in many ways:
They fill critical roles in agriculture, healthcare, construction, education, and technology.
They are 80% more likely to start businesses than U.S.-born citizens.
By paying taxes, even when undocumented, they contribute to Social Security and Medicare, often without ever benefitting from those programs themselves.
Immigrant communities also enlighten the cultural, culinary, and civil life of our communities throughout the nation.
Research shows that immigrants are less likely to commit crimes, and as the immigrant share of the population increases, crime decreases.
Immigrants are vital to offsetting the effects of an aging population and declining birth rates.
Most immigrants arrive when they are younger and increase the overall labor force and economic productivity, often through addressing labor shortages in key sectors.
Immigrants tend to have higher fertility rates, which contributes to population growth.
Understanding the current environment
Who are the people detaining immigrants, particularly those in plain clothes?
There are two different agencies under the Department of Homeland Security whose sole purpose is to enforce immigration law: Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Whereas CBP operates mostly along U.S. borderlands, ICE operates mostly inside the U.S. and can make arrests in homes, workplaces, and public spaces.
Some ICE officers wear plain clothes or drive unmarked vehicles, which can make their presence confusing or frightening. They are supposed to identify themselves as federal officers and provide a warrant signed by a judge, not just an administrative ICE document, to enter a home. Everyone, regardless of status, has the right to remain silent and refuse entry unless shown a proper warrant. However, in recent news stories, there have been instances of individuals being detained in broad daylight by masked plainclothes officers, or arrested without warrants or probable cause.
Are the people who are currently being detained at court hearings undocumented? Does this mean they are being penalized for attending their hearings?
Not everyone being detained at immigration court is undocumented; some may be asylum seekers, legal residents facing removal, or people awaiting decisions. Unfortunately, there have been cases where people are detained at or after immigration check-ins or hearings, even when they showed up voluntarily and are adhering to their case requirements. This sends a harmful message and can discourage others from engaging with the legal process. Still, attending court is important. Legal support, public visibility, and community accompaniment can make a difference in ensuring rights are respected and abuse is limited.
What is the 2025 travel ban?
An executive order issued on June 4, 2025, effective June 9, restricts entry into the U.S. from 19 countries — 12 countries under a full ban and seven under partial restrictions to address “national security and public safety threats.”
Countries under a full ban (no visas of any kind): Afghanistan, Myanmar (Burma), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.
Countries under a partial ban (limits on tourist, exchange visa, and immigrant visas): Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.
U.S. citizens, lawful permanent residents, dual-citizen nationals traveling on a non-banned passport, and those with visas issued before June 8, 2025, are exempt from the ban. Additionally, diplomats, athletes, government officials, immediate relatives of U.S. citizens (with limitations), refugees/asylees, and certain humanitarian or national-interest cases will also be exempt.
This travel ban is different from other immigration regulations because it imposes a blanket restriction on an entire country, rather than evaluating each application on a case-by-case basis.
The previous “Muslim Ban” (2017-2021) targeted seven mainly Muslim-majority countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) and extended to nationals of the impacted countries who had dual nationality with other countries. The temporary bans led to many challenges on the basis of discrimination in the U.S. court system. This new ban expands to non-Muslim majority countries, which improves its legal resilience.
Additionally, other restrictions (asylum restrictions at the U.S. border, revocation of TPS designations, additional security screenings for student visas, etc.) affect specific programs or nationalities and apply to individuals already in the U.S., rather than imposing entry restrictions on individuals who have yet to enter the country or be screened for entry.
What you can do
How can I help the immigrants and refugees in my community stay safe?
There are many ways to help, even if you are not a lawyer or policy expert.
Promote safety and protection.
Know your rights, and help others understand theirs (especially in encounters with ICE).
Offer to accompany someone to an ICE check-in or immigration court date.
Share emergency preparedness plans with undocumented or mixed-status neighbors (e.g., child custody arrangements, legal resources, emergency contacts, etc.).
Even small actions like offering a ride, translating documents, or just being present and willing to listen can be powerful expressions of solidarity and protection.
Support legal and policy advocacy.
Support local immigration legal clinics, community bail funds, or organizations challenging unjust policies.
Advocate for local policies that limit cooperation between local law enforcement and immigration authorities, and that prioritize the humane and respectful treatment of all community members.
Lobby to your congressional representatives about specific issues you find concerning.
Attend immigration court hearings to show community solidarity and witness adherence to due process procedures.
Build a more welcoming community.
Donate to or volunteer with local immigrant-serving organizations that contribute to issues you are passionate about.
Offer your time to tutor English learners, or mentor newly arrived families.
Use whatever platforms you have access to that elevate immigrant voices in schools, faith communities, or social media to humanize the impact of policies.
Shop at and support immigrant-owned businesses.
Vote in elections for elected officials who are committed to systems rooted in peace, justice, and honoring human dignity.
Participate in local events and demonstrations that are committed to welcoming and supporting newcomers.
The goal isn’t just to support immigrants, it is to create a society where they are welcomed, empowered, and valued as full participants and contributors to the well-being and prosperity of our communities.
How can I track the administration’s actions and court decisions? What issues do I need to contact my elected officials about?
Keeping up with immigration news is key to effective advocacy and productive discussions. Consider the following steps to remaining informed and engaged:
Follow trustworthy nonprofit organizations.
Sign up for email alerts from immigration law centers and national advocacy groups, such as the Justice Action Center’s litigation tracker.
Use congressional tracking tools like congress.gov or tools like the Immigration Policy Tracking Project and Transactional Records Access Clearinghouse to see the latest policy changes and data regarding immigration.
Issues to consider contacting your elected officials about:
Creating pathways to citizenship for DACA recipients, TPS holders, and long-term undocumented residents.
Family reunification, border policies, and treatment of asylum seekers.
Funding and support for legal aid and refugee resettlement programs.
Laws that limit the power of ICE and CBP when they operate with little oversight or indiscriminate arrest quotas.
Calls, emails, public testimony, and town hall participation make a real difference, especially when shared with individuals who have authority over policy implementation.
This article was written by Nori Gomez, immigration advocacy program specialist for Mormon Women for Ethical Government.
