When it comes to immigration, the United States does things a bit differently. For example, anyone born on U.S. soil becomes an American citizen automatically—even if their parents aren’t citizens. Individual states also set their own rules on things like issuing driver’s licenses to undocumented immigrants. Clearly, the USA has a unique take on immigration. Here are thirteen ways that America handles immigration differently from other countries. That’s not to say these methods are good or bad—just different.
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Birthright Citizenship Under the 14th Amendment
If you’re born on American soil, you’re automatically a U.S. citizen, thanks to the 14th Amendment. As such, even if your parents aren’t citizens or permanent residents, you still get citizenship just by being born within the country’s borders. Not many countries offer this kind of birthright citizenship. It has been an important part of our immigration policy for over 150 years.
The Diversity Visa Lottery Program
Every year, the U.S. runs the Diversity Visa Lottery which gives out 55,000 immigrant visas to people from countries with low rates of immigration to America. Eligible individuals from these countries may apply online for free, with a computer randomly selecting winners. The program started in 1990 and aims to encourage diversity by welcoming people from underrepresented nations. Of course, winners still have to meet requirements like having a high school education or equivalent work experience.
H-1B Visa for Specialized Workers
The U.S. also has the H-1B visa program that allows employers to hire foreign professionals in specialized fields like technology & engineering. Each year, there’s a cap of 65,000 visas plus an extra 20,000 for those with U.S. master’s degrees or higher. However, demand often exceeds supply. Employers need to prove that the foreign worker has the necessary specialized skills—and that hiring them won’t hurt American workers.
Emphasis on Family-Based Immigration
Family reunification is a big part of U.S. immigration policy and immediate relatives of U.S. citizens may immigrate without any yearly limits. This includes spouses, unmarried children under 21 & parents. Other family members, such as adult children & siblings, may also apply—but they might have to wait longer. There are annual caps on those categories.
Sanctuary Cities Offering Local Protections
Some American cities, like San Francisco & Los Angeles, are known as sanctuary cities because they have policies that limit cooperation with federal immigration authorities. For example, they might not ask about a person’s immigration status or refuse to hold individuals beyond their release dates without a federal warrant. As such, undocumented people may access city services without fear of deportation.
Deferred Action for Childhood Arrivals (DACA)
DACA is a program that began in 2012 to give temporary protection from deportation for undocumented immigrants who were brought to the U.S. as children. These people are often called Dreamers. Eligible individuals may receive a renewable two-year deferral & a work permit. To qualify, you must’ve arrived before your 16th birthday and lived continuously in the U.S. since June 15, 2007, among other criteria. But DACA doesn’t provide a path to citizenship.
Immigration Courts Within the Department of Justice
In America, immigration courts aren’t part of the independent judicial branch. They actually operate under the Executive Office for Immigration Review within the Department of Justice. The Attorney General appoints immigration judges. As such, they count as employees of the executive branch rather than the traditional court system.
Use of Private Detention Centers
Likewise, the United States often uses private companies to manage many of its immigration detention centers. Companies like GEO Group & CoreCivic have numerous centers across the country and the use of detention centers is rather controversial. Critics argue that cost-cutting measures create poor conditions, while supporters claim that private companies manage these facilities more efficiently.
Immigration Bond System for Release
Any detained immigrants may have the option to be released by paying an immigration bond, which works as a guarantee that they’ll show up for their future court hearings. The minimum bond amount is usually $1,500. However, it may be much higher depending on the individual’s circumstances & risk factors. Posting bond allows people to live outside detention facilities while their immigration cases move through the system.
Lengthy Naturalization Process and Requirements
Becoming a U.S. citizen through naturalization usually requires a lawful permanent resident to live in the country for at least five years. Applicants have to show good moral character and pass English language & civics tests. They also have to take the Oath of Allegiance. The entire process may take months or even years—far longer than in most countries.
Absence of a National Identification Card
Unlike many other countries, the USA doesn’t issue a national identification card. Instead, individual states issue their own identification documents like driver’s licenses & state ID cards, each with its own rules and features. However, this means that verifying someone’s immigration status is quite complicated. There’s no single document that serves as proof of identity and state border to border, the rules change.
E-Verify System for Employment Eligibility
E-Verify is an online system that allows employers to confirm the employment eligibility of their new hires. They check the information from an employee’s Form I-9 against government records from the Department of Homeland Security & the Social Security Administration. Of course, some other countries have a similar system. But theirs is nothing like E-Verify!
State-Level Immigration Legislation
In America, individual states may pass laws that affect immigration within their borders, leading to different policies from one state to another. For instance, some states allow undocumented immigrants to get driver’s licenses or offer in-state tuition rates at public universities. Others have stricter laws. Essentially, immigrating to one state is very different from another.
Disclaimer: This list is solely the author’s opinion based on research and publicly available information.