Anaya Nolan
Immigration laws vary depending on the country and the political climate of the time. In the United States, immigration laws have evolved since the country gained independence from Great Britain, with early legislation favouring Europeans. Over time, these restrictions eased, and in 1965, the Immigration and Nationality Act was passed, prioritising family reunification and skilled immigrants over country quotas. The number of visas issued each year is determined by Congress, and while there are different types of visas available, such as family preference visas and diversity visas, the process of obtaining a visa can be complex and subject to change. Refugees and asylum seekers may also have different pathways to enter a country, such as through the US Refugee Admissions Program (USRAP).
| Characteristics | Values |
|---|---|
| Immigration laws in the US have been shaped by | Politics and migrant flows |
| Immigration laws reflect | Concerns about refugees, unauthorized immigration, and terrorism |
| Early legislation tended to | Favour Europeans |
| The 1965 Immigration and Nationality Act | Favoured family reunification and skilled immigrants |
| The 1965 Act | Imposed the first limits on immigration from the Western Hemisphere |
| The 1970s laws | Paved the way for Indochinese refugees |
| The 1990 law | Created "temporary protective status" for immigrants from countries facing crises |
| The 1996 law | Emphasized border control and prioritized enforcement of laws on hiring immigrants |
| Diversity visas | Distributed on a regional basis, benefiting Africans and Eastern Europeans |
| Immigration laws are formulated by | Congress |
| Immigration laws are enforced by | The Executive Branch of the Government |
| Immigration laws are enforced by respecting | Procedural safeguards of due process |
| Immigration checkpoints | Agents can stop and ask questions to verify immigration status |
| Expedited removal | Used to quickly expel those who cross borders illegally |
| LPR status | Allows individuals to apply for most jobs and remain in the US permanently |
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What You'll Learn
Immigration laws favouring family reunification
Immigration laws in the United States have evolved over time, reflecting the politics and migrant flows of different periods. In 1965, the Immigration and Nationality Act was passed, creating a new system that favoured family reunification and skilled immigrants, rather than country quotas. This law has been the primary basis for US immigration policy ever since, with family reunification becoming the most common method of legal immigration into the country.
The act established a preference system for family-based immigration, with a maximum allocation of 480,000 visas for all family-based immigrants in a given year. This number is adjusted by subtracting the number of immediate relative visas and "paroled" individuals from the previous year and adding any unused employment-based visas. The resulting number of visas available through the family preference system cannot be lower than 226,000.
The preference system categorises family relationships into two types: immediate relative visas and family preference visas. Immediate relative visas are based on close family relationships with a US citizen, such as a spouse, child, or parent. Family preference visas, on the other hand, are for more distant family relationships with a US citizen or specified relationships with a Lawful Permanent Resident (LPR).
The specific criteria for family reunification vary across countries. In Europe, several countries have recently passed laws to limit family reunification. For example, Denmark requires spouses to be at least 23 and a half years old, with the Danish spouse having resided in Denmark for 12 years. Germany requires the immigrating spouse to possess adequate living space and have basic spoken and written knowledge of the German language.
In the United States, the process of family reunification through immigration has been criticised by some as "chain migration," implying an endless chain of immigrants with no rules or regulations. However, immigration advocates argue that this term oversimplifies the realities of the family-visa process, which can be lengthy and subject to limitations.
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Refugees and asylum seekers
Refugees, asylum seekers, and migrants are terms used to describe people who are on the move and have crossed borders, leaving their countries. While the terms "refugee" and "migrant" are often used interchangeably, there is a legal distinction between them.
A refugee is a person who has fled their country due to a serious threat to their life, physical integrity, or freedom as a result of persecution, armed conflict, violence, or serious public disorder. They are unable or unwilling to return to their country due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Refugees have a right to international protection and are protected from being returned to countries where they face persecution under the 1951 UN Refugee Convention.
An asylum seeker, also known as an asylee, is someone who has left their country and is seeking international protection from persecution, serious human rights violations, or dangers in their home country. They intend to seek or are awaiting a decision on their request for refugee status and international protection. Asylum seekers must apply for protection in the country of destination and prove that they meet the criteria for refugee protections. The process of seeking asylum can be complex and involve multiple government agencies, and asylum seekers have the right to have their claims heard fairly and efficiently.
The rights of refugees and asylum seekers are protected by international law, and they are entitled to the same rights as everyone else, as well as specific protections. These protections include the right to seek and enjoy asylum, as stated in the Universal Declaration of Human Rights (Article 14), and the principle of non-refoulement, which prohibits returning individuals to situations where their lives or freedoms would be in danger.
In the United States, asylum seekers may obtain work authorization after their case has been pending for at least 180 days, and they have the right to remain in the country while their claim for protection is pending. Those granted asylum can apply for permanent residence, gain a path to citizenship, and petition to bring their families to the United States.
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Visa types and requirements
The United States offers a wide variety of visas, each with specific requirements. These can be broadly categorized into immigrant and non-immigrant visas. Immigrant visas are for those who wish to live and work in the US indefinitely, while non-immigrant visas are for short-term stays of a few months or years. Non-immigrant visas are generally granted for purposes such as tourism, study, business, or temporary work.
Immigrant Visas
Immigrant visas are available for those who wish to immigrate to the US permanently. Upon receiving an immigrant visa, individuals become lawful permanent residents (LPRs) and receive a Green Card. After residing in the US for five years (or three years in some cases), LPRs can apply for US citizenship. LPRs are eligible to apply for most jobs and are allowed to remain in the country permanently, but they are still subject to immigration laws.
Non-immigrant Visas
Non-immigrant visas are typically granted for temporary stays in the US and are classified based on the purpose of the visit and the individual's nationality. Certain visas are only available to citizens of specific countries, such as Chile, Singapore, Mexico, or Canada. There are also non-immigrant visas for individuals with or without a college education, investors, entrepreneurs, executives, renowned artists, athletes, and entire sports teams.
Family Preference Visas
Congress has established a system for calculating the number of family preference visas available each year. The maximum number of visas allocated for all family-based immigrants is 480,000. This number is adjusted by subtracting the number of immediate relative visas and "paroled" individuals from the previous year and adding any unused employment-based visas. The available visas are then divided into five preference categories. Some categories require the sponsoring employer to obtain certification from the Department of Labor and file a petition with US Citizenship and Immigration Services (USCIS).
Diversity Visas
Diversity visas are distributed on a regional basis to promote diversity in immigration. Currently, they benefit Africans and Eastern Europeans. Applicants must have a high school education or its equivalent, or at least two years of work experience in a profession requiring training or expertise. Spouses and unmarried minor children of the primary applicant can also enter as derivatives.
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Immigration laws and race
Immigration laws in the United States have historically been influenced by the racial backgrounds of immigrants, with race-based restrictions favouring European immigrants. Early legislation, such as the 1790 law that limited citizenship to free whites of "good moral character", set the tone for immigration policies that privileged certain racial groups over others.
The United States' immigration laws have evolved over time, reflecting the political climate and migrant flows. While early laws favoured Europeans, there have been significant shifts towards inclusivity. In 1870, the right of citizenship was extended to those of African origin, marking a step towards racial equality in immigration laws.
However, it wasn't until 1943 that long-standing immigration restrictions began to change, with a law allowing a limited number of Chinese immigrants. This was followed by legislation in 1952 that permitted a restricted number of visas for other Asians, and formally removed race as a criterion for exclusion. These changes set a precedent for a more inclusive immigration system.
A pivotal moment came in 1965 with the Immigration and Nationality Act, which created a system favouring family reunification and skilled immigrants rather than country quotas. This act also imposed the first limits on immigration from the Western Hemisphere, significantly impacting Latin American immigration. Since then, immigration to the United States has been dominated by individuals from Asia and Latin America, signalling a shift away from the historically favoured European demographic.
In recent years, immigration laws and policies have been influenced by concerns about refugees, unauthorised immigration, and terrorism. The Immigration Reform and Control Act of 1986, for example, granted legalisation to millions of unauthorised immigrants, primarily from Latin America. Additionally, diversity visa programs have been implemented to benefit specific regions, such as Africa and Eastern Europe, showcasing an attempt to promote diversity and inclusivity in immigration.
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Immigration laws and citizenship
Immigration laws and their enforcement have long been a federal concern in the United States, with the country beginning to regulate immigration soon after gaining independence from Great Britain. Since then, immigration laws have evolved to reflect the politics and migrant flows of the times.
Over time, immigration laws have shifted from those that favoured Europeans to more inclusive policies, such as the landmark Immigration and Nationality Act of 1965, which focused on family reunification and skilled immigrants. This Act also imposed the first limits on immigration from the Western Hemisphere, marking a shift in the dominant countries of origin for immigrants, from Europe to Asia and Latin America.
Congress has been recognised by the Supreme Court as having almost complete authority over immigration matters, including the power to decide whether foreign nationals may enter or remain in the United States. This power has been used to set limits on the total number and types of immigrant visas issued, as well as the number allocated to each country of origin.
To become a lawful permanent resident (LPR) in the United States, an individual must obtain an immigrant visa or receive eligible protections such as asylum or refugee status. LPRs have the right to live and work in the country permanently and can apply for citizenship after residing in the US for five years (or three years in certain circumstances). They are also required by law to carry proof of their immigration status at all times.
The United States also admits non-immigrants on a temporary basis, such as tourists, foreign students, and temporary workers, who are permitted to stay for varying lengths of time.
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Frequently asked questions
Federal immigration law determines whether a person is an alien, as well as the rights, duties, and obligations associated with being an alien in the United States.
The United States offers many different immigrant visas, including family preference visas, employment-based visas, diversity visas, and non-immigrant visas.
An individual can become an LPR by obtaining an immigrant visa or receiving certain eligible protections, such as asylum or refugee status. After residing in the United States for five years (or three years in some circumstances), LPRs can apply for U.S. citizenship.
Early immigration legislation in the United States tended to favour Europeans, with a 1790 law limiting citizenship to free whites of "good moral character". However, in 1943, a law was passed that allowed a limited number of Chinese to immigrate, and in 1952, legislation allowed visas for other Asians. In 1965, the Immigration and Nationality Act created a new system favoring family reunification and skilled immigrants, rather than country quotas. Since then, immigration laws have been shaped by concerns about refugees, unauthorized immigration, and terrorism, with a focus on border control and enforcement of hiring laws.
