Cameron Miranda
Immigration laws in the United States have evolved over time, reflecting the political climate and migrant flows of each era. Early legislation, such as the 1790 law, restricted citizenship to free whites of good moral character who had resided in the country for at least two years. The Immigration and Nationality Act (INA), enacted in 1952 and amended multiple times since, forms the backbone of modern immigration law. A pivotal moment came in 1965 with the passage of a law that shifted the focus from country quotas to family reunification and skilled immigrants, marking a significant departure from the past by welcoming immigrants from a wider range of backgrounds. More recently, issues like unauthorized immigration, refugees, and terrorism have influenced policy changes, with President Obama's DACA and DAPA initiatives aiming to address the complexities of the modern era.
| Characteristics | Values |
|---|---|
| Immigration laws in the US | Have reflected the politics and migrant flows of the times |
| Earliest immigration laws | Specified who could become a citizen, limiting this to free whites of "good moral character" who had lived in the US for at least two years |
| First immigration law | Passed in 1790 |
| Latest changes in immigration policy | Taken place under President Obama, who allowed young adults brought to the US illegally to apply for deportation relief and work permits |
| Current immigration laws | Focus on family reunification and skilled immigrants, refugees, unauthorized immigration, and terrorism |
| Immigration and citizenship | Governed by the Immigration and Nationality Act (INA) and other public laws |
| INA | Enacted in 1952 and amended several times since |
| INA | Contains important provisions of immigration law |
| INA | Part of the United States Code (U.S.C.), which is a collection of all US laws |
| Title 8 of the U.S. Code | Covers "Aliens and Nationality" |
| DACA | Helps people who came to the US as children and who do not have documentation |
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What You'll Learn
The 1965 Immigration and Nationality Act
Immigration laws are part of American laws, but they have evolved over time, reflecting the politics and migrant flows of the times. The Immigration and Nationality Act (INA) was enacted in 1952 and has been amended many times. It contains many of the most important provisions of immigration law.
The Immigration and Nationality Act of 1965, also known as the Hart-Celler Act, was a landmark piece of legislation that significantly altered the demographic mix in the country. The act ended decades of immigration policies that favoured immigrants from Northern Europe and the British Isles while discriminating against those from other regions. The law abolished quotas and created a new system that prioritized family reunification and skilled immigrants, regardless of their country of origin. This shift opened the doors to immigrants from Asia, Africa, and Latin America, in addition to those from Western and Northern Europe.
Prior to the Act, the United States had a quota system in place that restricted immigration based on national origin. This system, in place since 1790, restricted naturalized citizenship to "white persons" and gave preference to Northern and Western Europeans over other ethnicities. The 1965 Act abolished this quota system and created a seven-category preference system that prioritized relatives and children of U.S. citizens or residents.
The Immigration and Nationality Act of 1965 was passed during a period of deep global instability, at the height of the Cold War. It was also a time of social and political change in the United States, with the Civil Rights Movement challenging discriminatory laws and policies. The Act was introduced by Senator Philip A. Hart of Michigan and Representative Emanuel Celler of New York and signed into law by President Lyndon B. Johnson on October 3, 1965, at the base of the Statue of Liberty.
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Refugees and asylum seekers
In the United States, asylum seekers have the legal right to request asylum at the border without being criminalized, turned back, or separated from their children. Asylum seekers can begin their process at a U.S. port of entry, such as an airport or official land crossing. They must apply for asylum within one year of their arrival in the country. The application process involves demonstrating a well-founded fear of persecution or providing evidence of past persecution on account of a protected ground. The individual's testimony plays a critical role in their asylum determination and can be supported by additional evidence.
If granted asylum, individuals are allowed to remain in the United States without fear of deportation and qualify for work authorization. They can also apply for their spouse and unmarried children under 21 to join them. After one year, asylees may be approved for a Green Card and can eventually become permanent residents and citizens if they meet all the requirements. They may also be eligible for certain government programs, such as Medicaid or Refugee Medical Assistance.
It is important to note that asylum seekers may face backlogs and delays in their applications, which can prolong the separation of refugee families and impact their opportunities for employment, education, and trauma recovery. Additionally, while asylum seekers have the right to remain in the U.S. during the processing of their claims, the government has argued for their right to detain these individuals rather than release them into the community.
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Unauthorized immigration
The unauthorized immigrant population in the U.S. has fluctuated over time. In 2007, it reached a peak of 12.2 million, and in 2022, it was estimated to be around 11 million, representing 3.3% of the total U.S. population. Unauthorized immigrants come from various countries, with significant numbers originating from Asia and Latin America. They contribute to the U.S. economy, enhance native welfare, and pay more in tax revenue than they collect.
The United States has a long history of regulating immigration, with laws reflecting the political and social climate of the times. Early legislation, such as the 1790 law, restricted citizenship to free whites of "good moral character." The 1965 Immigration and Nationality Act (INA) marked a significant shift, prioritizing family reunification and skilled immigrants over country quotas. This act also imposed the first limits on immigration from the Western Hemisphere. Subsequent laws addressed refugee concerns, including the creation of ""temporary protective status" for immigrants facing natural disasters or armed conflicts in their home countries.
In recent years, unauthorized immigration has been a key concern influencing laws and presidential actions, along with refugee issues and terrorism. Policies such as Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) have been introduced to provide deportation relief and work permits to unauthorized immigrants with U.S.-born children. However, these programs have faced legal challenges and remain contentious.
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Terrorism concerns
Immigration laws in the United States have been influenced by various factors, including political, social, and geopolitical considerations. One significant concern that has shaped immigration policies in recent years is terrorism.
The terrorist attacks of September 11, 2001, marked a turning point in the perception of unauthorized immigration as a potential national security threat. In the aftermath of these attacks, the connection between undocumented immigration and terrorism gained significant attention from the public, policymakers, and politicians. This led to a shift in the narrative, with unauthorized immigration being framed as a grave concern for national security.
In response to these concerns, legislative action on immigration gained momentum across US states during the 2000s. The political motivations behind these actions resulted in the enactment of anti-immigrant laws that negatively impacted the mobility and rights of Hispanic/Latino and foreign-born populations. Despite the prominence of this issue, there has been limited empirical analysis of the relationship between undocumented immigration and terrorist activity.
To address terrorism concerns and protect national security, the US government has implemented various measures. For instance, in 2025, the US government issued Executive Order 14161, titled "Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats." This executive order aimed to prevent the entry of individuals intending to commit terrorist attacks, threaten national security, promote hateful ideologies, or exploit immigration laws for malicious purposes. The order emphasized the need for vigilance during the visa-issuance process to identify and prevent the admission of individuals who might cause harm to Americans or their national interests.
Additionally, the US government has imposed restrictions on the entry of nationals from specific countries identified as having significant terrorist activity or inadequate information-sharing practices. These restrictions involve suspending certain types of visas for nationals from these countries and reducing the validity of other nonimmigrant visas. The decision to impose these restrictions is made in consultation with various government agencies and is based on factors such as screening and vetting capabilities, information-sharing policies, and country-specific risk factors, including the presence of terrorist organizations within a country's territory.
While the US government has taken these measures to address terrorism concerns, it is important to note that the impact of immigration laws on terrorism prevention has been a subject of debate. Some studies suggest that undocumented immigration may not be directly linked to terrorist attacks, radicalization, or terrorism prosecutions. However, the complex relationship between migration and terrorism is an area that requires further examination and a comprehensive understanding.
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Naturalization and dual citizenship
Immigration laws in the United States have evolved over time, reflecting the politics and migrant flows of each era. The country began regulating immigration soon after gaining independence from Great Britain in 1790, with early legislation favouring Europeans. A notable shift occurred in 1965 with the Immigration and Nationality Act, which prioritised family reunification and skilled immigrants over country quotas. This act also imposed the first restrictions on immigration from the Western Hemisphere, marking a turning point in the demographics of immigration to the US, with Asia and Latin America becoming dominant.
Naturalization is the process by which an individual becomes a citizen of a country other than their country of origin. In the context of the United States, naturalization allows immigrants to acquire US citizenship while retaining their original citizenship, resulting in dual citizenship or dual nationality.
The United States permits dual citizenship, recognising that an individual can be a citizen of two countries simultaneously. US law does not require its citizens to choose between US citizenship and another nationality. This means that a US citizen can naturalize in a foreign state without jeopardising their American citizenship.
However, dual citizenship comes with certain obligations and considerations. Dual citizens owe allegiance to both the US and the foreign country, and they must obey the laws of both nations. They are required to use a US passport when entering and exiting the United States. Additionally, dual citizens may face restrictions in consular protections when abroad, especially in the country of their second nationality.
It is important to note that eligibility for dual citizenship depends on the policies of the second country. While some countries permit their citizens to hold dual citizenship, others may not. Therefore, individuals seeking dual citizenship should contact the embassy or consulate of their country of interest to understand its specific policies.
The process of naturalization in the US can be lengthy, typically taking up to 1.6 years. Applicants must file their citizenship applications with the US Citizenship and Immigration Services (USCIS) and meet all the necessary requirements. Background checks are an integral part of the evaluation process, and certain violations, such as immigration fraud or drug abuse, could lead to deportation.
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Frequently asked questions
The Immigration and Nationality Act (INA) is the main US law that governs immigration. It was enacted in 1952 and reorganised the structure of immigration law. The INA has been amended many times and contains some of the most important provisions of immigration law.
Immigration laws have reflected the politics and migrant flows of the times. Early legislation favoured European immigrants, but a 1965 law opened doors to immigrants from other parts of the world. More recent laws have been shaped by concerns about refugees, unauthorised immigration, and terrorism.
DACA stands for Deferred Action for Childhood Arrivals. It is a program that allows young adults who were brought to the US illegally as children to apply for deportation relief and work permits. The program was established by President Obama in 2012 and expanded in 2014.
