(Written by an Immigration Lawyer of 30 Years)

Recent Immigration Policy Changes

Since January 2025, the Trump administration has issued over 50 executive orders, many targeting immigration. Some notable actions:

• Pause on Refugee Resettlement: Halted the country’s refugee program.
• ReDefinition of Birthright Citizenship: Attempted to limit U.S. citizenship for certain U.S.-born children, but this order has been blocked by federal courts.
• Guantánamo Bay Detention Facility: Preparing to detain up to 30,000 immigrants facing deportation.
• Declaring a national emergency to potentially deploy the military at the U.S.-Mexico border.

With policies changing so fast, journalists need practical tips to:

* Obtain Immigration Records from Government; and

* Do ethical and Thorough Reporting on a very complicated and sensitive subject.

Reporting on immigration requires sensitivity, accuracy and awareness of the risks to sources, especially the undocumented. Journalists play a critical role in telling immigrant stories responsibly and protecting vulnerable people from unintended consequences.

After practicing nearly ever facet of immigration law over 30 years, we’ve learned a thing or two on this topic. We believe this guide will help.

Global Migration

It’s important to remember that immigration is not just a hot issue in the U.S.; journalists around the world cover migration as a global story. Migration has been a global story for the past 10 years, since the refugee crisis when millions were forced to flee war and poverty. How the media reports migration shapes public opinion and policy. But ethical and responsible reporting on migration is a challenge in many parts of the world.

To address these challenges we have put together this article which includes best practice guidelines and resources to help journalists report migration accurately and humanely. This guide covers the key principles, best practices and resources for ethical migration reporting.

Why Responsible Immigration Reporting Matters

• Shaping Public Opinion: The media plays a key role in informing public attitudes towards migrants and refugees.
• Countering Misinformation: Ethical journalism combats stereotypes, sensationalism and misleading narratives.
• Protecting Human Rights: Responsible reporting upholds migrants’ dignity and rights.

How to Access U.S. Immigration and Deportation Records

Reporting on immigration and deportation requires access to records from federal, state and private entities. Understanding the immigration system and its agencies is crucial to getting the right records quickly. This guide explains how journalists can access immigration records, the key agencies involved and resources to navigate the system.This article will help speed up newsgathering and provide reporters with the information they need when asking for information from federal, state and private entities involved in immigration enforcement.

Key Points

The article explains the many moving parts of the immigration system so journalists can get the records they need for accurate reporting. It includes:

✅ Key Agencies

– Learn which federal and state agencies, including U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) hold immigration records.

✅ Private Detention Facilities

Tips on how to get information from private contractors that run detention centers for the government.

✅ Crafting Public Records Requests

How to draft effective Freedom of Information Act (FOIA) requests to get quicker and more complete responses.

✅ Dealing with Delays & Denials

What to do if your request is denied or delayed and how to appeal rejections.

✅ Legal Resources for Journalists

Information on legal protections for journalists covering immigration stories and how to respond to government pushback.

Journalists covering immigration stories often face significant legal challenges. Understanding the legal protections available, such as shield laws and the First Amendment, is crucial. These protections can help journalists resist subpoenas and protect their sources. Additionally, organizations like the Reporters Committee for Freedom of the Press offer resources and support for journalists facing legal threats. Journalists often need to interact with government officials to obtain accurate information and navigate legal challenges.

Immigration Record Access

The U.S. immigration system is a vast network of government agencies, primarily under the U.S. Department of Homeland Security (DHS). Journalists seeking immigration and deportation records should be aware of the different agencies involved and direct requests to the right source.

Federal Agencies with Immigration Records

• Department of Homeland Security (DHS): Immigration enforcement and record management. DHS FOIA Policy
• Office of Government Information Services (OGIS): FOIA guidance for immigration records. OGIS Immigration FOIA Guide
• International Refugee Assistance Project (IRAP): How immigration-related FOIA requests are processed. IRAP’s Immigration Records Guide

Legal Help for Journalists

For legal questions or FOIA assistance journalists can contact the Reporters Committee for Freedom of the Press (RCFP) Legal Hotline:

• Phone: 800-336-4243
• Email: hotline@rcfp.org

Executive Office for Immigration Review (EOIR) Records

The EOIR, part of the U.S. Department of Justice, oversees immigration courts and case records. Journalists seeking records from immigration proceedings must file FOIA requests with EOIR.

How to Request EOIR Records

• Submit FOIA Requests: EOIR FOIA Portal
• Access Online Case Information: Individuals can retrieve case details using their A-Number via the EOIR Automated Case Information System

EOIR Notes

• No public docket or records portal for the general public.
• Journalists must file FOIA requests for individual case records.
• Most immigration courts use digital audio recording systems for hearings.
• Immigration judge decisions are appealed to the Board of Immigration Appeals (BIA), and precedential decisions are published here.
• EOIR records related to non-citizens cannot be accessed via a Privacy Act request.
• Immigration court proceedings are generally open to the public, except in cases involving asylum seekers or abused noncitizen children. EOIR Court Practice Manual

Detention Facilities and Record Access

Immigration detainees are often housed in facilities managed by Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). Some detention facilities are privately owned and not subject to FOIA, but oversight and inspections by government agencies can be requested.

Detention Facility Records

• DHS Office of Inspector General (OIG): Conducts inspections of detention centers and allows FOIA requests.
  • Submit FOIA requests via email: foia.oig@oig.dhs.gov
  • Explore the DHS-OIG FOIA Reading Room: DHS FOIA Reading Room
• ICE Detention Center Oversight Reports: ICE Detention Oversight

FOIA Requirements for Detained Individuals

• Requests must include a notarized signature from the detained person or their legal representative.
• Privacy Act restrictions limit public access to individual records.

Additional Resources

• FOIA Basics: FOIA.gov
• USCIS FOIA Requests: USCIS FOIA
• Border and Immigration Policy Reports: Migration Policy Institute

Media coverage can shape public perception, influence policy and impact the lives of migrants. A single image or broadcast can inspire compassion or incite hatred. The tragic photo of Alan Kurdi, the three-year-old Syrian refugee, mobilized international humanitarian efforts, while hate-filled broadcasts in Rwanda played a role in the 1994 genocide.

According to the World Migration Report 2018, media plays a crucial role in shaping migration narratives, affecting public opinion, influencing policymakers and even guiding migrants’ decisions. Given the complexity of migration issues, journalists must approach the topic with care, responsibility and integrity.

Reporting on immigration requires sensitivity, accuracy and a commitment to ethical journalism. By placing the humanity of immigrants at the forefront and using responsible language, journalists can contribute to a more informed and nuanced public dialogue. Here are key guidelines for reporting on immigration fairly and effectively

Here are guidelines for reporting on migration in a way that is accurate, ethical and human-rights-centered:

1. Choose Your Words Carefully

The language used in migration reporting matters. Misleading terms can perpetuate misconceptions and fuel discrimination.

Be Careful with Language

Avoid Criminalizing Terms:

Don’t use terms like “illegal immigrants” or  “illegals” or “aliens”  or undocumented aliens.  These terms dehumanize individuals and assume guilt. The term ‘illegal immigrant’ should be avoided as it dehumanizes individuals and assumes guilt.

Alien – USCIS has phased out this term. Trump has brought it back

Use terms like “undocumented immigrant” or “unauthorized immigrant” “migrants” “Immigrant without legal status:“people without regular migration status.”

Language matters. Use accurate respectful terms for fair reporting.

Avoid Politically or Racially Charged Language

• Terms like “anchor baby” and “illegal worker” are dehumanizing and should be avoided.
• Use neutral, legally accurate terms that respect individuals’ dignity.
• When discussing policy debates, clarify political framing and avoid misleading terminology.

Key Terms in Immigration Reporting

Understanding terminology is vital for accuracy. Here are some key terms

• Citizenship and immigration status vary widely. Familiarize yourself with key terms:

• Citizen: A person legally recognized as a member of a nation.
• Permanent Resident: An immigrant with legal permission to live and work in the U.S. indefinitely.
• Undocumented Immigrant: A person residing in the U.S. without official authorization.
• Asylum Seeker/Asylee: A person in the U.S. seeking legal protection due to persecution in their home country.
• Refugee: Someone fleeing persecution, protected under international law.
• Differentiate between asylum seekers, refugees, and migrants, as each has specific legal protections under international law.
• Immigrant – A person who moves to another country, usually for permanent residence.
• Migrant – A general term for people who move, regardless of legal status.
• Migrant Worker – A person who travels seasonally for temporary work.
• Non-immigrant – A person with a temporary visa, such as students or tourists.
• DACA Recipient – An undocumented youth protected under the Deferred Action for Childhood Arrivals program.
• Dreamer – A term for undocumented immigrants brought to the U.S. as children.
• Undocuqueer – A person navigating both undocumented and LGBTQ+ identities.
• Climate Migrant / Climate Refugee – A person displaced due to environmental factors such as droughts or rising sea levels.*

Only mention a person’s immigration status when relevant to the story.

Consult theIOM Glossary on Migration for correct terminology.

Seek capacity-building opportunities and online workshops to deepen your understanding of migration issues.

2. Treat Immigration as a Civil, Not Criminal, Issue

• Immigration policies and enforcement should not be equated with criminal activity.
• Immigration laws are complex; do not state as fact that someone has violated a law without proper attribution.
• When covering immigration reform legislation, provide context on current laws and potential impacts.
• Overstaying a visa is not a crime
• Entering the U.S. without inspection is technically a minor criminal violation (which is almot never prosecuted as a crime, but treated as a civil infraction, except for those who have previously been deported and illegally re-entered)

Example: Instead of saying “illegal border crossing,” describe it as “entering the U.S. without legal authorization.”

3. Understand the Broader Impacts of Immigration Policies

• Immigration intersects with many societal systems, including:
  • Child welfare – Deportations can leave children separated from parents.
  • Local law enforcement – Policies like sanctuary cities impact policing practices.
  • Employment and labor – Many undocumented immigrants work essential jobs in various industries.

4. Provide Balance

Migration reporting should reflect complexity rather than simplistic narratives.

• Don’t go to extremes—migrants should not be depicted only as victims or threats.
• Cover positive aspects of migration, such as contributions to the economy, arts, and science.
• Highlight successful integration stories and the benefits of remittances to home countries.

5. Respect Immigrants’ Dignity

Avoid dehumanizing language and metaphors that frame migration as a natural disaster or an invasion.

• Don’t refer to migration as a “flood” or “wave.”
• Avoid using metaphors that depict migrants as insects or threats, such as “swarms.”
• Focus on personal stories that humanize migrants rather than reducing them to statistics or problems.

6. Challenge Hate Speech and Stereotypes

Journalists must not amplify xenophobic narratives.

* Don’t highlight a suspect’s ethnicity or immigration status unless relevant to the story.

• Avoid spreading sensationalist narratives that link migration to crime.
• Fact-check inflammatory statements from public figures.
• Use resources like the Ethical Journalism Network for guidance on ethical reporting.

7. Engage with Immigrants and Experts

Accurate reporting requires diverse perspectives.

• Interview migrants, refugee groups, and activists to get a balanced view.
• Collaborate with Immigration Law Experts, NGOs and humanitarian organizations to verify facts.
• Don’t portray migrants as only victims; highlight success stories and contributions.

8. Put Migration in a Global Context

Migration is a global issue, not just a national one.

• Explain the root causes of migration, such as conflict, climate change and economic inequality.
• Don’t frame migration as a nation versus nation conflict.
• Use data from the World Migration Reportto provide context.

9. Promote Fact-Based Public Discourse

Verify information: Misinformation on immigration is rampant; fact-check before publication.

Factual reporting combats misinformation and xenophobia.

• Use accurate statistics and verified sources.
• Distinguish between correlation and causation when analyzing migration trends.
• Provide links to resources for readers to explore further.
• Hold public officials accountable by fact-checking their statements on migration.

Verifying Sources and Busting Disinformation

• Cross-check facts with credible organizations.
• Be aware of hate groups masquerading as neutral sources (e.g. Federation for American Immigration Reform (FAIR), NumbersUSA, Center for Immigration Studies (CIS), American Immigration Control Foundation (AICF)).
• Don’t promote narratives rooted in harmful conspiracy theories (e.g. the Great Replacement Theory).

Provide context and credible sources

• Immigration law is constantly changing. Reference expert sources and data from reputable institutions.
• When discussing deportations, asylum laws or visa programmes, include input from immigration lawyers and advocacy organisations.
• Link to official immigration resources for readers to learn more:
  • U.S. Citizenship and Immigration Services (USCIS)
  • American Immigration Council
  • National Immigration Law Center

10. Humanize

• Immigrants are individuals with many stories and backgrounds. Always focus on their humanity not statistics or policy.
• Include first-person narratives and interviews to show a real-life portrayal of immigrant experiences.
• Don’t sensationalise hardship – focus on real-life challenges, contributions and resilience.
• Avoid exploitation: Ensure interviews and images don’t perpetuate victim narratives without consent.

11. Acknowledge the diversity of immigrants

• Immigrants to the US come from all over the world and are of all racial, ethnic and cultural backgrounds.
• Most Latinos in the US are not immigrants and assuming otherwise perpetuates stereotypes.
• Immigration issues affect all racial and ethnic groups; report from a multiracial and intersectional perspective.
• 40% of the undocumented came to the U.S. legally with a visa (not all through the Southern border without inspection).
• Many undocumented are from Canada, UK, Ireland and include doctors, engineers, teachers

12. Quoting Anonymous Sources

Best Practices for Reporting on Immigrant Communities

To uphold ethical journalism while protecting sources, consider these key recommendations:

✔️ Use a Hierarchy of Attribution

• Consider using first names or initials instead of full names.
• Provide general rather than specific geographic locations (e.g., “a Midwestern state” instead of “Chicago”).
• Use indirect quotes or summaries to reduce identifying details.

✔️ Implement Secure Communication Methods

• Use encrypted messaging apps like Signal or WhatsApp for communication.
• Ensure that email exchanges are secure and avoid using work emails for sensitive discussions.

✔️ Educate Sources on Potential Risks

• Clearly explain the consequences of being identified in media reports.
• Allow sources to retract or adjust statements before publication.
• Offer off-the-record or background conversations when appropriate.

✔️ Understand Legal and Ethical Implications

• Be familiar with immigration laws and policies that may impact sources.
• Consult with legal experts or advocacy groups when needed.

Protect sources

Many immigrants fear legal repercussions; be mindful of revealing identities.

Many immigrants, especially those fleeing persecution, may not want to disclose their full names due to fears of deportation, legal consequences or personal trauma. Here’s how journalists can ethically and effectively quote anonymous sources:

• Understand why anonymity is necessary – Sources may be at risk of deportation or violence if their identity is revealed.
• Verify without full names – Use documents, corroborate accounts, and rely on trusted community sources.
• Be transparent – Inform sources when and where their stories will be published.
• Let sources ask questions – Ensure open communication.
• Protect identifying data in images – Blur faces, avoid location-specific details and metadata.
• Remember sources are doing journalists a favour – Their trust should be respected.
• Obtain consent before publishing names or identifiable details.
• Educate sources on potential risks.
• Use encryption tools for sensitive communications.
• Be cautious about location tracking in images and videos.
• Offer anonymity options where necessary.

The Role of Visual Media in Protecting Sources

Photographs and videos can add powerful storytelling elements, but they also present risks. Journalists should:

• Avoid showing identifiable details such as tattoos, scars, or locations.
• Blur faces or use silhouette techniques when necessary.
• Ensure that minors are given additional privacy protections.

Other Options for Anonymity in Visuals

To protect identities while still telling the story, consider:

• Silhouettes
• Back views
• Close-ups of hands, feet or shadows
• Shooting through glass or doors
• Blurring identifiable objects

TV and documentary reporting

• Build trust before filming.
• Never film without permission.
• Remove geo-location data from images and videos.
• Offer voice distortion or translation.
• Avoid using people as props.

13. Reporting on Demographic Changes Responsibly

• Frame immigration stories within historical and socio-economic context.
• Don’t use alarmist language that suggests demographic shifts are a crisis.
• Focus on people rather than generalisations.

14. Translation Strategies for Inclusive Reporting

Many immigrant communities rely on non-English language sources. Translating content helps newsrooms reach wider audiences.

Best Practices for Translation:

• Commitment and Ownership – Assign a dedicated translation manager.
• Start Small and Stay Consistent – Translate key stories rather than attempting to cover everything.
• Partner with Trusted Translators – Work with reputable organizations and community leaders.
• Fund Translation Efforts – Explore grants and partnerships to cover costs.

For more insights, refer to the Institute for Nonprofit News.

15. Independence from Political Influence

• Report objectively, avoiding partisan narratives.
• Be cautious of politically motivated framing of migration issues.
• Fact-check political statements on migration.

16. Transparency and Accountability

• Clearly attribute sources and methodologies.
• Acknowledge mistakes and issue corrections when needed.
• Engage with communities to understand migration realities.

17. Ethical Use of Refugee Images

Visual storytelling plays a major role in migration reporting. The EJN’s Refugee Images – Ethics in the Picture report highlights:

• Ethical considerations in publishing images of refugees.
• The impact of viral images, such as the photo of Aylan Kurdi.
• Guidelines for balancing journalistic impact with ethical responsibility.

18. Self-Awareness and Educating Others

Journalists play a crucial role in shaping public discourse on immigration, and self-awareness of unintended personal bias can help foster more responsible reporting.

Best Practices:

• Continued Education: Stay informed about immigration laws, policies, and community concerns through workshops, training sessions, and academic studies.
• Mentorship and Training: Educate colleagues and new journalists on best practices for immigration reporting.

Community Engagement: Participate in discussions with immigration advocates, policymakers, and affected individuals to better understand the nuances of immigration enforcement

19. Do No Harm

Journalist Maria Hinojosa sums up the journalist’s responsibility best:

“My role as a journalist is to get the story in their voice. And to do no harm.”

By prioritizing ethical storytelling, journalists can uphold the integrity of their profession while protecting the individuals who trust them to share their stories.

 

Media and Human Trafficking Reporting

Human trafficking is closely linked to migration. In terms of journalistic coversage, experts emphasize the following best practices:

• Understanding Legal and Human Rights Issues: Journalists must be familiar with international anti-trafficking laws.
• Protecting Victims’ Identities: Avoid revealing sensitive details that could put victims at risk.
• Avoiding Sensationalism: Focus on facts rather than emotionally charged or exaggerated headlines.
• Providing Context: Explain the economic and social factors driving human trafficking.

Challenges in Reporting on Migrant Deaths and Missing Migrants

Migrant deaths are part of the tragic story of immigration. The following are key recommendations in addressing the ethical challenges of reporting migrant deaths:

• Avoiding Dehumanization: Focus on the lives and identities of the deceased, rather than just numbers.
• Respecting Families: Be mindful of how migrant deaths are reported to their loved ones.
• Highlighting Systemic Issues: Connect tragedies to broader migration policies and failures.

Understanding the Risks in Reporting on Undocumented Immigrants

Journalists play a crucial role in shaping the narrative around immigration. However, their reporting can have unintended consequences for the individuals they interview—especially undocumented immigrants.

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Case Study: The Story of Rosa

In 2004, veteran journalist Maria Hinojosa produced Immigrant Nation, Divided Country, a CNN documentary featuring Rosa, an undocumented immigrant from Mexico. Although Rosa’s identity and whereabouts were obscured, a small oversight—a visible license plate in a background shot—allowed immigration agents to track her down, leading to her arrest alongside her family.

This incident serves as a stark reminder that even the smallest details can put sources at risk. It underscores the need for heightened diligence when reporting on undocumented communities.

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The Increasing Dangers for Undocumented Immigrants

Under different U.S. administrations, immigration policies and enforcement priorities have shifted, yet risks for undocumented immigrants remain high. During the Trump presidency, anti-immigrant rhetoric and aggressive enforcement heightened the dangers, making sources more reluctant to speak on record. While the Biden administration has adjusted some policies, many Trump-era rules still affect immigrants today.

For example, migrants at the border, asylum seekers, and individuals under Deferred Action for Childhood Arrivals (DACA) still face significant legal uncertainty. The ongoing political polarization around immigration means that journalists must remain vigilant about the risks their sources face.

Ethical Reporting: Balancing Transparency and Protection

Case Study: The Story of Victorina Morales

In 2018, New York Times journalist Miriam Jordan reported that undocumented workers, including Victorina Morales, had been employed at former President Donald Trump’s golf club in Bedminster, New Jersey. Morales agreed to be identified by her full name and be photographed, despite the risks. Her decision was rare, as most undocumented workers fear job loss or deportation.

After the article was published, Morales applied for asylum and received a work permit. However, her case was eventually referred to a court for removal proceedings. This case illustrates both the power of investigative journalism and the real-life consequences for sources who go public.

The Importance of Trauma-Informed Journalism

Journalists should approach stories involving undocumented immigrants with empathy and awareness of potential trauma. Journalists should

• Use trauma-sensitive interview techniques.
• Recognize signs of distress in sources.
• Avoid retraumatization through ethical storytelling.

Guide for Journalists Reporting on Immigration Raids

Reporting on immigration enforcement actions demands a balanced approach that combines accuracy, ethical considerations, and a deep understanding of the affected communities. This guide offers detailed best practices to assist journalists in covering these sensitive events responsibly. Impactful reporting on immigration raids ensures that the voices of affected individuals are heard and that the broader narrative is informed by accurate and ethical journalism.

Ensuring Accuracy and Verification

Why It Matters:

In the rapidly evolving context of immigration raids, unverified information can lead to widespread panic and misinformation.

Best Practices:

• Thorough Verification: Confirm all details about the raid, including the agencies involved, locations, and statuses of individuals apprehended, by consulting multiple credible sources. Exercise caution with information from unofficial reports or social media.
• Contextualizing Data: When reporting numbers of arrests or detentions, provide context regarding the reasons for targeting these individuals to offer a comprehensive understanding.
• Understanding Legal Terminology: Familiarize yourself with immigration enforcement procedures and legal terms such as “detained,” “apprehended,” and “deported” to ensure precise reporting.
• Precise Language Use: Use accurate terminology to describe enforcement actions. For instance, while “raid” is commonly used, agencies may refer to these actions as “targeted operations.” Clearly attribute statements to their sources to distinguish between official accounts and other perspectives.

Navigating Legal and Safety Challenges

Why It Matters:

Journalists must be aware of legal boundaries and prioritize safety while covering enforcement actions.

Best Practices:

• Understanding Legal Rights: Know your rights regarding access to information and locations during enforcement actions, and respect the legal boundaries of private properties.
• Safety Precautions: Be mindful of the potential risks involved in covering raids, including possible confrontations, and take appropriate safety measures.
• Consulting Legal Experts: When in doubt, seek guidance from legal professionals to navigate complex situations that may arise during reporting.

Sharing Resources for Affected Communities

Why It Matters:

Providing resources can help affected individuals and families find legal assistance, emotional support, and reliable information.

Best Practices:

• Include Hotlines and Legal Aid Organizations: Share contact details for organizations that provide legal and advocacy support for immigrants.
• Fact-Checking Misinformation: Direct audiences to credible sources for up-to-date immigration policies and rights information.
• Engaging Community Leaders: Partner with community organizations to share information that is accessible and culturally relevant.

Writing About Immigrant Workers

Defining “Foreign-Born” Workers

The U.S. Bureau of Labor Statistics (BLS) defines foreign-born workers as people living in the U.S. who were not U.S. citizens at birth. This includes legal immigrants, temporary workers, students, refugees, naturalized citizens and undocumented workers. Native-born workers are those born in the U.S. or abroad to at least one U.S. citizen parent. Note that people born in American Samoa are U.S. nationals and can live and work in the U.S. but are not citizens and are counted as foreign-born in BLS data.

U.S. Bureau of Labor Statistics: Foreign-Born Workers

Current Figures on Foreign-Born Workers

As of January 2025, foreign-born workers make up 20% of the U.S. labor force, 33 million out of 170 million workers. This is up from 2007 when foreign-born workers were 15.6% of the labor force.

Bureau of Labor Statistics: Labor Force Participation by Nativity

Pathways and Work Authorizations for Foreign-Born Workers

Non-citizens working in the U.S. legally must have visas issued by U.S. Citizenship and Immigration Services (USCIS), usually sponsored by employers. Visas are either immigrant (permanent) or non-immigrant (temporary).

These temporary visas have varying lengths of stay from several weeks to years depending on the job. Extensions are possible but there’s often a maximum stay limit after which the worker must go back to their home country. In fiscal year 2023, about 1.45% of non-immigrant visa holders or 565,000 individuals overstayed their authorized period.

Examples of Non-Immigrant Work Visas:

• H-1B Visa: For professionals in specialty occupations, allows an initial stay of up to three years. (More Info)
• H-2A Visa: For temporary agricultural workers, allows a stay of up to one year. (More Info)
• R-1 Visa: For religious workers, allows an initial stay of up to 30 days. (More Info)* I Visa: For foreign media representatives, valid for duration of employment. (More Info)

Immigrant Visas

For individuals intending to live permanently in the U.S., granting lawful permanent resident status (green card holders). 1 million foreign nationals were granted lawful permanent resident status annually from 2014 to 2023.

Industries with High Immigrant Representation

Foreign-born workers are essential in U.S. industries. In 2023, they were most prevalent in:

• Service Occupations: Food preparation and building maintenance.
• Construction: A significant portion of the workforce is foreign-born.
• Transportation: Truck driving and delivery services.

Native-born workers are more represented in management, professional, and related occupations, especially healthcare and law.

Impact of Unauthorized Immigrants on U.S. Employment

Research on unauthorized immigrants’ impact on native-born employment has varying results. A 2019 study in The Review of Regional Studies analyzed state-level data from 1994 to 2009 and found that increases in immigrant populations might slightly reduce labor force participation among low-skill native-born workers. But the effect was small, meaning unauthorized immigrants have a minimal impact on native-born employment opportunities.

A November 2017 study in Regional Science and Urban Economics found that unauthorized workers contribute 3% to U.S. GDP annually, which is about $6 trillion over a decade. Removing all unauthorized workers would result in significant economic losses, particularly in manufacturing, retail, finance, and hospitality.

Migration Policy Institute: Unauthorized Immigrant Workforce

FAQs for Journalists Covering U.S. Immigration Issues

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1. General U.S. Immigration System

Q1: What are the main types of U.S. immigration statuses?

A: U.S. immigration law generally recognizes the following categories:

• U.S. Citizens – Born in the U.S. or naturalized.
• Lawful Permanent Residents (LPRs) – Green card holders with the right to live and work permanently in the U.S.
• Non-immigrant Visa Holders – Temporary visitors, including tourists, students, and work visa holders (e.g., H-1B, F-1, B-2).
• Undocumented Immigrants – Individuals who entered without authorization or overstayed their visas.
• Refugees and Asylees – Individuals granted protection due to fear of persecution.
• Temporary Protected Status (TPS) Holders – Nationals from designated countries affected by crises.
• DACA Recipients – Immigrants who arrived as children and are temporarily shielded from deportation.

Q2: What is the difference between a refugee and an asylum seeker?

A: Refugees apply for protection from outside the U.S. and undergo security screening before arrival. Asylum seekers apply for protection once they are in the U.S. or at a port of entry.

Q3: What agencies oversee immigration in the U.S.?

A:

• U.S. Citizenship and Immigration Services (USCIS) – Processes visa and naturalization applications.
• Customs and Border Protection (CBP) – Manages border security and ports of entry.
• Immigration and Customs Enforcement (ICE) – Enforces immigration laws within the U.S., including detentions and deportations.
• Department of State (DOS) – Issues visas through consulates and embassies.
• Department of Labor (DOL) – Regulates employment-based visas and labor conditions.

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2. Immigration Policy & Law

Q4: What is the current status of DACA?

A: Deferred Action for Childhood Arrivals (DACA) provides work permits and protection from deportation but does not provide a path to citizenship. As of recent court rulings, new applications are not being accepted, but renewals continue.

Q5: What are the main legal ways immigrants come to the U.S.?

A:

• Family-based immigration – Sponsorship by a U.S. citizen or permanent resident.
• Employment-based immigration – Employer-sponsored visas (e.g., H-1B, L-1).
• Diversity Visa Lottery – Random selection for immigrants from underrepresented countries.
• Refugee and Asylum Programs – Protection from persecution.
• Investor Visas (EB-5) – Large-scale investment in U.S. businesses.

Q6: How do sanctuary cities impact immigration enforcement?

A: Sanctuary cities limit cooperation between local law enforcement and federal immigration authorities, often by refusing to honor ICE detainers.

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3. Border Issues & Enforcement

Q7: What is Title 42 and Title 8?

A: Title 42 was a COVID-19-era policy that allowed border authorities to expel migrants quickly for public health reasons. Title 8 refers to standard immigration law procedures, including asylum processing and deportation.

Q8: What is CBP One, and how does it impact asylum processing?

A: CBP One is a mobile app used to schedule appointments for asylum seekers at ports of entry to manage border crossings more orderly.

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4. Immigration Court & Detention FAQs

Q9: What is the backlog in U.S. immigration courts?

A: The backlog exceeds 2 million cases, leading to years-long wait times for asylum and deportation cases.

Q10: What are immigrant detention centers like?

A: Facilities range from private detention centers to county jails. Conditions vary, and overcrowding has been a persistent issue.

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5. Work & Economic Impact

Q11: How do undocumented immigrants contribute to the economy?

A: They work in key industries (agriculture, construction, hospitality), pay taxes, and contribute to Social Security, often without benefits.

Q12: What is E-Verify?

A: An online system for employers to check a worker’s legal immigration status. It is required in some states but voluntary in others.

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6. Uncommon & Emerging Issues

Q13: How does climate change impact migration to the U.S.?

A: Climate disasters are displacing people, particularly in Central America, increasing asylum claims. The U.S. has not yet created a formal “climate refugee” policy.

Q14: What are “ghost children” in immigration reporting?

A: The term refers to unaccompanied migrant minors who disappear from government records or are trafficked into labor.

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7. Ethical & Privacy Issues in Immigration Reporting

Q15: What ethical concerns should journalists keep in mind when covering immigration?

A:

• Informed Consent – Ensure migrants understand how their stories will be used and obtain permission before publishing identifying details.
• Avoiding Harm – Reporting on asylum seekers and undocumented immigrants can put them at risk of deportation, retaliation, or violence.
• Minimizing Bias – Avoid dehumanizing language (e.g., “illegal alien”); use neutral and accurate terms like “undocumented immigrant.”
• Sensitivity to Trauma – Many immigrants have experienced violence, persecution, or abuse. Interviews should be conducted with care and compassion.

Q16: How should journalists handle the privacy of undocumented immigrants?

A:

• Use aliases or initials if necessary – If exposure could result in legal consequences, protect identities.
• Omit or generalize location details – Avoid revealing places where migrants may be living.
• Avoid broadcasting immigration status unless essential – This can stigmatize individuals and endanger them.

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8. Obtaining Government Records on Immigration

Q17: How can journalists obtain immigration-related government records?

A:

• Freedom of Information Act (FOIA) Requests – Journalists can file FOIA requests with agencies like USCIS, ICE, and CBP for immigration enforcement data, detention conditions, and policy memos.
• State Public Records Requests – Some states have their own records laws that can provide additional immigration-related documents.
• Court Records – Immigration court proceedings are not always public, but journalists may access certain case filings and statistics from the Executive Office for Immigration Review (EOIR).
• Congressional Reports & Think Tanks – Groups like the Migration Policy Institute and the American Immigration Council compile government data into readable reports.

Q18: What challenges do journalists face when accessing immigration records?

A:

• Delayed FOIA responses – Immigration-related FOIA requests often take months or years to process.
• Redacted Information – Government agencies frequently redact names and case details, citing privacy laws.
• Legal Restrictions – Some data, such as asylum applications, are confidential under law.

Conclusion:  Responsible Journalism in Immigration Reporting

By using precise language, centering human experiences, and providing informed context,

Media professionals have a duty to inform, not inflame. Ethical reporting on migration can challenge harmful stereotypes, provide deeper understanding, and advocate for human dignity. Journalists can shape a more accurate and fair conversation on immigration. Thoughtful reporting can counter misinformation, challenge stereotypes, and contribute to a more empathetic public discourse.

Responsible immigration reporting requires ethical sensitivity, careful language choices, and a commitment to protecting sources.

Navigating the U.S. immigration system to obtain accurate records requires knowledge of FOIA processes and the agencies involved. Journalists must be prepared to submit detailed FOIA requests, understand privacy restrictions, and explore legal avenues when necessary. By leveraging available resources, journalists can enhance transparency and accountability in immigration reporting.

By following these recommendations, journalists can contribute to a more balanced, humane, and fact-based migration narrative.

Have questions?

Contact Attorney Richard Herman at richardtmherman@gmail.com

Useful Resources & Tools

Here are some valuable tools for journalists covering migration:

• Dart Center for Journalism and Trauma – Guides on trauma-informed reporting.
• Poynter Resources:
  • Webinar: Covering Immigration Enforcement led by Julia Preston (The Marshall Project)
  • Covering Immigration Reform resource page.
  • Covering Immigration from the Border to the Heartland (webinar).
• International Journalists Network – Reporting guidelines for covering migration and refugee issues.
• Ethical Journalism Network – Guidelines on reporting ethically on migration.
• Ethical Journalism Institute: Media and Migration
• ILO Training Modules on Labour Migration
• Media and Trafficking in Human Beings – Guidelines
• Charter of Rome for Reporting on Migrants and Refugees
• The Camden Principles on Freedom of Expression and Equality
• Media Diversity Institute
• Texas Tribune – Updates on separated families and border policies.
• Huffington Post’s Immigration Twitter List – Curated list of top journalists covering immigration.
• American Immigration Council
• Pew Research Center: Immigration
• Federal Reserve Bank of St. Louis: Labor Market Data
• Society of Professional Journalists’ Ethics Code
• Pew Research on Immigration Trends

Investigative Reporting Resources

• Nieman Foundation’s Guide – Immigration-focused journalism resources.
• Investigative Reporters and Editors (IRE) – Tip sheets and case studies on immigration investigations.
• Global Investigative Journalism Network (GIJN) – International migration reporting tools.

AP Style Guide for Immigration Reporting

To maintain journalistic integrity, adhere to the Associated Press (AP) style guide:

Additional Resources

• National Association of Hispanic Journalists (NAHJ): Offers guidelines for reporting on immigration raids. NAHJ Immigration Guidelines
• Race Forward: Provides a journalist style guide for covering immigration. Journalist Style Guide for Covering Immigration
• WITNESS: Shares resources on ethical reporting in border communities. What Journalists Should Know Before Reporting on Border Communities