Cecily Zamora
Immigration law is an ever-evolving area of law that is subject to constant changes influenced by legislative, executive, and judicial branches. For instance, the Trump administration attempted to implement anti-immigration policies, while the Biden administration has taken over 500 immigration-related executive actions, including extending protections to noncitizens. In the UK, recent changes to immigration policy include increased certificate of sponsorship fees and updated salary thresholds for visa applications. These changes highlight the dynamic nature of immigration laws and policies, which can be influenced by shifting political landscapes and societal needs. As such, it is essential to stay informed about the latest developments in immigration law, as they can significantly impact the lives of migrants and shape national identities.
| Characteristics | Values |
|---|---|
| Immigration laws are perpetually evolving | Constant changes to U.S. immigration law |
| Complexity of immigration laws | U.S. immigration law is complicated, highly regulated, and difficult to navigate |
| Role of Congress | Congress must change the law to align with the country's values and economic needs |
| Public awareness | American people need to understand existing laws for consensus on change |
| Impact of politics | Trump administration's anti-immigrant policies and executive orders |
| Immigration lawyers | Immigration attorneys must stay informed about the latest developments |
| Immigration resources | Kurzban's Immigration Law Sourcebook is a trusted resource for attorneys and judges |
| Executive actions | Biden Administration's 500+ immigration-related executive actions |
| Legislative efforts | Attempts to pass comprehensive immigration reform and the DREAM Act |
| Federal spending | $324 billion spent on immigration enforcement agencies since 2003 |
| UK immigration changes | Increased visa fees, salary thresholds, and immigration health surcharge |
| Family migration limits | Annual cap of 480,000 for family-based migration to the U.S. |
| Green card lottery | Diversity Visa lottery for permanent residency |
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What You'll Learn
The impact of immigration law changes on families
Immigration laws can be changed, but it requires action by Congress. For instance, in 1990, Congress created a pathway for some unaccompanied children to become citizens, called "Special Immigrant Juvenile Status". Changes to immigration laws can have a significant impact on families, and this impact can be both positive and negative.
On the one hand, changes to immigration laws can facilitate family reunification and help families stay together. For example, US citizens and green card holders can sponsor a relative to migrate to the US, although this process can be slow due to numerical limits. Changes that streamline and expedite the sponsorship process could help families reunite faster.
On the other hand, changes to immigration laws that prioritize border security and the removal of undocumented migrants can lead to prolonged family separation and even the termination of parental rights. For instance, the Trump administration's expansion of Immigration and Customs Enforcement's (ICE) powers led to increased raids and arrests, resulting in more parents being separated from their children. The administration's "Remain in Mexico" policy also impacted families, forcing non-Mexican asylum seekers to wait in Mexico until their claims were resolved, which could take months.
Immigration enforcement actions can have detrimental effects on the mental health and well-being of children. Studies have shown that children whose parents are detained or deported experience adverse behavioral changes, increased anxiety, and higher rates of suicidal thoughts. The fear of family separation can also impact children's relationships with their peers and communities, as they live in constant fear of law enforcement.
Overall, changes to immigration laws can have far-reaching consequences for families. While some changes may facilitate family reunification, others may lead to prolonged separation and negative psychological impacts, particularly on children. It is essential to consider the potential impact on families when formulating immigration policies and to prioritize the best interests of children.
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Immigration law and the role of Congress
Immigration laws in the United States are largely determined by Congress, which has been recognised by the Supreme Court as having "plenary" power over immigration. This means that Congress has almost complete authority to decide whether foreign nationals (or "aliens", as they are referred to in governing statutes and case law) may enter or remain in the country. This power is derived from the Constitution, which establishes a federal government.
The Legislative Branch of the federal government, which includes Congress, is responsible for making laws, including those relating to immigration. Congress can make laws concerning aliens that may be unconstitutional if applied to citizens. For example, in 1990, Congress created a pathway for some unaccompanied children to become citizens, called "Special Immigrant Juvenile Status".
In recent years, there has been criticism of Congress's inability to pass comprehensive immigration reform or a budget, which has given the President more opportunities to allocate money and issue executive orders with less obstruction. Executive orders are directives issued by the President to administrative agencies, instructing them on how to enforce the law, and they are followed in a similar way to laws. However, they are not supposed to change or create new laws. An example of an executive order is former President Trump's "Travel Ban", which sought to ban people from specified Muslim countries from entering the United States.
While Congress has significant power over immigration law, it is not the only branch of the government that plays a role. The Executive Branch, which includes the President and administrative agencies, can propose and push for new or amended immigration legislation and policies. The Judicial Branch, which includes the Supreme Court and other federal courts, can hear cases that involve Constitutional issues or disputes among lower courts. Immigration courts fall under the Executive Branch and are part of the Department of Justice.
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Immigration lawyers and staying informed
Immigration law is a complex and ever-changing area of law, influenced by the legislative, executive, and judicial branches. It is subject to constant change, and lawyers must stay informed about the latest developments to provide effective representation to their clients.
One of the challenges immigration lawyers face is the lack of a centralized system that consolidates all the changes in immigration law. Instead, they must monitor various websites and publications from different agencies, courts, offices, and departments, which can be a daunting task alongside managing a heavy caseload.
To stay informed, immigration lawyers can refer to reliable sources such as Kurzban's Immigration Law Sourcebook, which is a comprehensive guide that collects, organizes, and analyzes all changes to U.S. immigration law. Additionally, they can participate in events like the American Immigration Lawyers Association's Well-Being Week in Law, which offers opportunities to stay updated, earn credits, and connect with colleagues.
It is also essential for immigration lawyers to be aware of current affairs and policy changes. For example, understanding the impact of the Biden Administration's immigration-related executive actions, which cover various aspects of the immigration system, including humanitarian protections, border processes, and visa programs.
Furthermore, staying informed about diverse perspectives within the industry is crucial. With over 52,000 people employed as immigration lawyers and attorneys in 2023, there is a wide range of opinions and practices. While reaching a unanimous consensus may be challenging, staying engaged with industry developments and diverse perspectives can enhance an immigration lawyer's ability to navigate the complex landscape of immigration law and effectively serve their clients.
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US immigration law and executive orders
US immigration law is complicated, highly regulated, and difficult to navigate without legal assistance. There are only four routes to lawful permanent residence in the country. One of these is family-based migration, which is limited by law to 480,000 people per year. Employment-based migration is even more limited, with only 140,000 visas available per year to professionals and highly skilled persons.
In 1990, Congress created a pathway for some unaccompanied children to become citizens, called "Special Immigrant Juvenile Status". This allows some children to normalise their status and become citizens.
US immigration law can be changed, but it requires action by Congress. In the first year of his first term, President Trump was unable to change immigration law, so his administration implemented unlawful policies aimed at deporting undocumented people and deterring others from immigrating to the US. These policies were ineffective, as the factors driving people to flee Central America remained unchanged.
In his second term, President Trump issued Executive Order 14159, "Protecting the American People Against Invasion", which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the government. The order also stated that failure to comply with the registration requirement would be treated as a civil and criminal enforcement priority. The order further instructed the Attorney General and the Secretary of Homeland Security to "pursue all necessary legal remedies and enforcement measures" against so-called sanctuary cities. Another executive order signed by President Trump bolsters legal resources for police officers accused of wrongdoing, and a third order enforces existing laws requiring professional truck drivers to be proficient in English.
The Trump administration has also offered immigrants $1,000 and paid travel to "self-deport" through the CBP Home app, allowing them to avoid detention and potentially return to the US legally in the future.
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UK immigration policy and salary thresholds
Immigration laws can be changed, but the process is often complicated and requires political action. For example, in the United States, immigration law changes require action by Congress. In the UK, the Home Secretary announced a series of policy changes designed to reduce migration in December 2023, including an increase in the minimum salary threshold for work visas and partner visas.
The UK's immigration policy has undergone several changes in recent years, including updates to salary thresholds for various visa categories. The minimum salary threshold for skilled worker visas was increased from £26,200 to £38,700, with the 'going rate' minimum salary for specific jobs also rising significantly. The Immigration Salary List, which replaced the Shortage Occupation List, took effect on 4 April 2024, with the spouse/partner visa minimum income rising to £29,000. The Conservative government had initially planned to increase this further to £38,700 by early 2025, but the Labour government chose not to implement this increase and instead commissioned a review.
The salary threshold for Health and Care Visa occupations on the Immigration Salary List (ISL) is set at either £25,000 or the occupation-specific threshold, whichever is higher. This includes jobs such as laboratory technicians, pharmaceutical technicians, care workers, home carers, and senior care workers. Additionally, deductions from a sponsored worker's salary for business, immigration, or investment costs will be considered when determining eligibility for visas.
The UK government has also made changes to dependent visa regulations. Health and Care Visa holders can still bring dependents to the UK, except for care workers and senior care workers. Previously, social care workers could bring dependents (partners and children) on their visas, but this is no longer permitted for new applicants.
The impact of these changes on net migration levels is uncertain. While the Home Office estimated that approximately 300,000 people who received visas in 2023 would not have qualified under the new rules, migration patterns are unpredictable, and the effects of policy changes are challenging to assess in advance.
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Frequently asked questions
Yes, immigration laws can be changed. In the US, immigration law is a perpetually evolving area of law, subject to the whims of the legislative, executive, and judicial branches at any moment. For example, the Trump administration issued several executive orders aimed at overhauling US immigration law and policy. Similarly, in the UK, there have been several changes to immigration policy, including increased fees for visas and immigration health surcharges.
It is difficult to provide a definitive answer as it depends on various factors, such as political and economic conditions. However, it is safe to say that immigration laws are not static and can undergo frequent changes. For instance, in the US, more than 1,000 new opinions and decisions related to immigration have been published by federal courts and administrative agencies in recent years.
Changing immigration laws in the US typically involves the legislative, executive, and judicial branches of the government. Congress has the power to change the law, while the President can issue executive orders to overhaul immigration policies. Additionally, federal courts play a crucial role in interpreting and applying immigration laws through their decisions and opinions.
Recent changes to immigration laws in the US include the Biden Administration's over 500 immigration-related executive actions, such as extending temporary humanitarian protections to noncitizens and implementing new border processes. In the UK, recent changes include updates to the Immigration Salary List (ISL) and minimum income requirements for family visas.
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