The Legislative Journey: Immigration Laws

Immigration laws vary across the world and throughout history, reflecting the social and political climate of the time and place. In the United States, immigration laws have evolved since the country gained independence from Great Britain, with early legislation favouring Europeans and later laws opening doors to immigrants from other regions. The process of how immigration legislation becomes law in the US involves the introduction and passage of bills by Congress, which may then be signed into law by the President. These laws cover various aspects, including family reunification, skilled immigration, humanitarian protections, and diversity.

The role of the President and Congress

The U.S. President and Congress play a crucial role in shaping immigration legislation and policy. The President can propose immigration reform, as demonstrated by President Biden's 2021 proposal to allow some noncitizens without immigration status to become permanent residents and citizens. The President also has the power to take executive action, as seen with President Obama's 2012 and 2014 actions to provide deportation relief and work permits to young adults brought to the U.S. illegally as children.

Congress has the authority to pass immigration laws and acts, such as the Immigration Act of 1924, which imposed national origins quotas, and the Immigration and Nationality Act of 1965, which prioritized family reunification and skilled immigrants over country quotas. Congress also enacted the Immigration Reform and Control Act in 1986, which legalized millions of unauthorized immigrants and sanctioned employers hiring unauthorized immigrants.

Additionally, the President and Congress work together on specific immigration matters. For instance, the President is required to consult with Congress annually to set the number of refugees admitted through the U.S. Refugee Admissions Program.

Humanitarian relief and protection

Humanitarian protections such as asylum, Temporary Protected Status (TPS), and other programs may permit someone to reside in the US legally without numerical caps but are subject to other restrictions. Asylum seekers must navigate a complex process that can involve multiple government agencies and often require legal assistance.

TPS is granted to people who cannot return to their home country due to "natural disaster," "extraordinary temporary conditions," or "ongoing armed conflict." It does not necessarily lead to lawful permanent resident (LPR) status but can be extended if unsafe conditions in the country persist.

The Violence Against Women Act (VAWA) allows noncitizens who have been abused by certain US citizens or LPR relatives to be eligible for immigration benefits without the abuser's knowledge, consent, or participation. Certain benefits may also be available to eligible family members.

The US has also created sponsorship-based parole programs, including the Uniting for Ukraine program to admit Ukrainians fleeing war, and a parole program for Cubans, Haitians, Nicaraguans, and Venezuelans seeking to temporarily reside in the US.

Immigration enforcement

The CBP is responsible for enforcing immigration laws at and between the ports of entry. They monitor and patrol the land, air, and maritime borders, inspecting travellers and cargo to prevent the unlawful entry of people and goods into the country. CBP officers are authorised to detain and refuse entry to non-citizens who do not meet the requirements for admission into the U.S. They also facilitate the legal flow of goods and people at the ports of entry.

ICE, on the other hand, is responsible for interior enforcement, detention, and removal operations. They identify, arrest, and remove non-citizens who have violated U.S. immigration laws, including those who have overstayed their visas or entered the country illegally. ICE also manages and oversees immigration detention facilities, ensuring that those awaiting removal proceedings or deportation are securely detained. Additionally, ICE investigates and targets criminal activities related to immigration, such as human trafficking and smuggling.

USCIS plays a crucial role in adjudicating applications and petitions for immigration benefits. They process requests for various immigration statuses, including permanent residency (green card), temporary visas, asylum, and naturalisation. USCIS officers review applications, conduct interviews, and make decisions on granting immigration benefits based on eligibility criteria set by immigration laws and regulations.

While these three agencies are at the forefront of immigration enforcement, state and local law enforcement agencies also play a role. Since the September 11, 2001 terrorist attacks, there has been a growing emphasis on immigration enforcement, and Congress has gradually broadened the authority of state and local officials to enforce immigration law. Several jurisdictions have signed agreements with the federal government, allowing their law enforcement agencies to perform limited duties related to immigration enforcement. However, the involvement of state and local authorities in immigration enforcement has sparked debates over proper training, finite resources, civil rights concerns, and community impact.

The complex nature of immigration enforcement in the U.S. aims to balance border security, the protection of citizens, and the fair treatment of non-citizens while adhering to the country's immigration laws and international obligations.

Refugee resettlement

The US Refugee Admissions Program (USRAP) is a rigorous process that takes approximately two years and involves several steps. The program is managed by the Department of State in cooperation with the Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS).

The first step for most individuals seeking refugee status is to register with the United Nations High Commissioner for Refugees (UNHCR) in the country to which they have fled. The UNHCR can provide services to those seeking assistance in their current location and may identify refugees for whom permanent resettlement in a third country is the best or only solution. Given the large number of displaced people globally, only around one percent are generally referred for third-country resettlement.

Once the UNHCR has identified a refugee for resettlement, they are pre-screened by US Resettlement Support Centers (RSCs) to ensure they fall within US-designated nationalities and processing priorities. The RSCs create files for each case and prepare the refugees for their interviews with Refugee Officers from the DHS's US Citizenship and Immigration Services (USCIS).

The DHS/USCIS conducts interviews to determine whether an applicant is eligible for resettlement in the US. All adults in a family seeking protection will be interviewed, though only one member must meet the US refugee definition. If an applicant is rejected, they cannot appeal the decision but can request their case be reconsidered if new information arises.

If an applicant is formally determined as a refugee, they receive conditional approval until they pass a medical examination and security checks. The US screens for tuberculosis and certain venereal diseases, and those testing positive will have their admission delayed while they receive treatment.

Upon approval, travel arrangements are facilitated through US resettlement agencies and the International Organization of Migration (IOM). The IOM also provides cultural orientation to all refugees before they depart for the US, teaching them important skills and providing factual information about what to expect.

Where a refugee is ultimately resettled within the US is determined by one of the nine US resettlement agencies and their community partners. Upon arrival, refugees are provided with assistance through the Reception and Placement grant, which includes access to initial housing, healthcare, cultural orientation, employment services, English language classes, and public benefits.

Citizenship

The requirements for citizenship have evolved over time. Initially, in 1790, only free whites of good moral character who had lived in the US for at least two years were eligible for citizenship. This changed in 1870 when the right of citizenship was extended to people of African origin. However, it was not until the landmark Immigration and Nationality Act of 1965 that the doors were truly opened to immigrants from a diverse range of backgrounds, shifting the focus from country quotas to family reunification and skilled immigrants.

Today, US citizenship can be attained through naturalization or, in some cases, derivation. Derivation of citizenship occurs when a child is born outside of the US to a US citizen parent or parents who meet certain requirements. On the other hand, naturalization is the process by which US citizenship is granted to a foreign citizen or national after fulfilling the eligibility criteria set by the INA and the US Citizenship and Immigration Services (USCIS). These criteria include age, residency, and character requirements, as well as demonstrating knowledge of English and US history and civics.

The process of becoming a US citizen through naturalization typically involves the following steps: first, the applicant must establish their eligibility by meeting the requirements for continuous residency, good moral character, and attachment to the US Constitution. They must then submit a completed application package, including Form N-400, to the USCIS. This is followed by a biometrics appointment, where the applicant provides fingerprints and photographs for security checks. Subsequently, the applicant undergoes an interview with a USCIS officer, which includes tests to assess their English proficiency and knowledge of US history and civics. Finally, if the application is approved, the applicant takes the Oath of Allegiance and becomes a US citizen.

It is important to note that the process of attaining citizenship can vary depending on individual circumstances, and there may be additional requirements or considerations for specific cases.

Frequently asked questions