Immigration Law in the United States concerns the nation's borders and can include the various laws/enforcements dealing with immigration and deporting individuals who are not in accordance with the law. Because the national border is a more nationwide issue, immigration law is primarily derived from federal law (although some states do have certain laws that dictate how these laws will be handled in their state). Immigration law is vastly important as it concerns topics such as who is considered an "alien" (more on this topic below) and naturalization, which is the process where a foreign-born individual becomes an American citizen.
Modern immigration law is shaped predominantly by 3 different acts passed by Congress: the INA, IRCA, and IIRIRA. Since 1952, the passage of the Immigration and Nationality Act (INA) made quotas (restrictions on how many people can enter) based on race illegal and replaced them with nationality-based quotas. Additionally, the INA first defined what it meant to be an "alien", which is just "any person lacking citizenship or status as a national of the United States (Wex Law)". The term "alien" falls into various subcategories, with the most well-known ones being documented and undocumented. This is in reference to if the "alien" has the proper documents (typically a "valid, unexpired passport and either a visa, border crossing identification card, permanent resident card, or a reentry permit to be in the United States (Wex Law)") with a documented "alien" having the proper documents while an undocumented "alien" does not have the proper documents (which is against the law). With the rise of illegal immigration, the Immigration Reform and Control Act (IRCA) was passed which put harsher sanctions on employers who hired illegal aliens and denied certain benefits to illegal aliens (see also: The Immigration Marriage Fraud Amendments of 1986 & The Immigration Act of 1990). Finally, the Illegal Immigration Reform and Immigration Responsibility Act (IIRAIRA) was passed by Congress to further strengthen immigration laws by improving border control and adding certain penalties for undocumented immigrants who commit crimes such as allowing for their deportation. All of this is ultimately enforced by the Department for Homeland Security (DHS), primarily through its 3 sub-agencies (CBP, USCIS, ICE).
Another major element of immigration law is Visas, which permit an "alien" to enter the United States. Visas fall into nonimmigrant visas (given primarily to tourists and temporary visitors) and immigrant visas (holders can stay in the United States permanently, work in the United States, and eventually apply for citizenship). However, another way that "aliens" can also enter the United States legally is by seeking refugee or asylum status. A refugee is anyone "with a fear of persecution upon returning to their homelands, stemming from their religion, race, nationality, membership in certain social groups, or political opinions (Wex Law)." However, there are exceptions to this rule, for example, someone who persecuted other individuals, murderers (typically), and people who have resettled in another country. Asylum is similar by nature and has similar standards, except people who seek asylum are at or within United States borders while refugee seekers are in another nation. Both asylum and refugee seekers must prove that they have an actual fear of persecution and may be required to provide evidence to prove this.
Another major element of immigration law in the United States is the act of deportation, which is the removal of an "alien" from the country. One may be deported for many reasons such as fraudulent or unlawful entry, committing an aggravated felony, failure to register an address change, and marriage fraud just to name a few. However, it is also important to consider deferred action, which is administrative relief from deportation that allows a non-citizen to apply for employment authorization and allows them to be lawfully present in the United States (cannot claim lawful status however). This is especially useful because it ensures that they are not jeopardizing their status to be admissible to the United States later by being illegally in the nation. Deferred action is most commonly seen through 2 programs: DACA and DAPA. The Deferred Action for Childhood Arrivals (DACA) program was created in an effort to prevent the deportation of young adults and children who grew up as Americans however without lawful status. Similarly, the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program was also created to prevent the deportation of parents of citizens or legal permanent residents who have resided in the United States for a set period of time. As of April 2023, both of these programs are currently being challenged legally and are subject to change.
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Sources:
Legal Information Institute, Illegal Immigration Reform and Immigration Responsibility Act, Wex https://www.law.cornell.edu/wex/illegal_immigration_reform_and_immigration_responsibility_act.
Legal Information Institute, Immigration, Wex https://www.law.cornell.edu/wex/immigration.
Disclaimer: I am not a lawyer nor do I claim to be a lawyer. This article/website is purely for educational purposes only. The information presented on this website does not (and does not claim to) constitute legal advice or representation of a licensed attorney.
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