Bench & Bar March/April 2026

FEATURE: POTPOURRI

IMMIGRATIO IMMIGRATION FOR ATTORNEYS WHO KNOW NOTHING ABOUT IMMIGRATION LAW

BY GUION JOHNSTONE

I n the daily practice of law, attorneys often encounter issues that intersect with immigration even in contexts far removed from what traditionally consti tutes “immigration law.” Whether handling criminal defense, family law, employment disputes, business transactions, or civil litigation, an attorney may confront ques tions regarding a client’s immigration status, removal risks, or eligibility for benefits. A basic competency in immigration concepts is therefore indispensable to secure positive outcomes for clients and litigants. Yet, immigration law has long been regarded as one of the most complex areas in the American legal system. It is gov erned by a dense statutory framework – the Immigration and Nationality Act (INA) and its intricate regulatory scheme – and shaped by frequently changing adminis trative guidance and case law. Moreover, the political and policy environment sur rounding immigration is highly dynamic and changes sometimes daily, resulting in shifting enforcement priorities and evolving protections for noncitizens. For attorneys who do not practice immigra tion law, this article offers a comprehensive primer on the fundamental concepts, legal categories, and practical considerations that routinely arise in legal practice. The goal is not to make every attorney an immigration practitioner, but to provide a high-level overview so that when immigration issues

appear in a matter, attorneys can recognize them and consult with or refer to an immi gration law practitioner. BASIC IMMIGRATION FACTS

SIZE AND COMPOSITION OF THE FOREIGN BORN POPULATION

The United States has one of the largest foreign born populations in the world. As of 2025, data show that more than 50 million immigrants reside in the country, representing approximately 14–15 percent

14 march/april 2026