Immigration Law

Overview

In the United States, immigration laws bear political overtones because they touch on the sensitive issues of national sovereignty and homeland defense. These laws dictate who may enter the country, as well as the length and duration of their visit. These laws also allow selected non-citizens to naturalize and become citizens of this country.

U.S. Immigration Laws

U.S. immigration laws treat persons as either U.S. citizens or aliens. The Fourteenth Amendment states that U.S. citizens include "persons born or naturalized in the United States, and subject to [its] jurisdiction." Therefore, all persons who are not U.S. citizens are aliens. 28 U.S. Code Section 1101.

In terms of aliens, U.S. immigration law further classifies them according to their immigration status, with each group afforded different rights and obligations, such as the right to reside in the United States, the right to sponsor relatives, and the right to work in the United States. Aliens may be lawful permanent residents (i.e., green card holders), immigrant visa holders, temporary lawful visitors or undocumented illegal aliens.

Immigrant and Nonimmigrant Visas

Alien seeking to enter the United States must first secure a visa from a U.S. consulate or embassy. Visa holders may enter the United States for a set duration and purpose, depending on the visa type. Immigrant visas, which may be employment-based or family-based, enable their holders to remain in the United States permanently and to eventually apply for U.S. citizenship. Aliens holding immigrant visas may legally work in the country.

The U.S. government issues nonimmigrant visas to temporary visitors. Some, such as tourists, may not work in the United States. Others, including temporary workers holding H-1B visas or certain student visa holders, are authorized to work in the United States.

History of Immigration Laws

Immigration to the United States was mostly free and open until after the Civil War, when some states passed immigration laws. In 1875, the U.S. Supreme Court ruled that the federal government had the exclusive right to regulate immigration. Congress began enacting immigration laws in the1880s, including the Chinese Exclusion Act of 1882 and Alien Contract Labor laws of 1885 and 1887, which barred certain workers from immigrating to the country. The Immigration Act of 1882 charged a tax on every immigrant and prevented the entry of convicts, idiots, lunatics, and persons likely to become a public charge. The list of persons who were excluded expanded quickly and immigration law became increasingly complex.

A federal agency tasked with administering immigration laws was first established in 1891, and evolved into the Immigration and Naturalization Service (INS) in 1933. The INS, first part of the U.S. Department of Labor, moved to the Justice Department. The INS has now become absorbed and replaced by the U.S. Citizenship and Immigration Services (USCIS), part of the U.S. Department of Homeland Security.

Immigration law and policy changed dramatically over the first half of the 20th century as migration patterns, economic and political circumstances, technology, and World War I and II caused different patterns and volume of immigration. The Immigration and Nationality Act of 1952 (INA) continues to be the basic immigration law of the U.S., though it has changed considerably since its enactment. The Immigration Act of 1990 significantly reformed immigration laws by allocating visas among foreign countries more evenly and fostering increased legal immigrantion to the United States. It also opened a lottery program that assigns approximately 50,000 visas each year http://www.justia.com/immigration/ to people born in countries with low immigration rates to the United States.

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Featured Cases

Kamburowski et al v. Kidd et al
Plaintiffs Michael Kamburowski and Gina Kamburowski alleged that Defendants, directors and officers of the U.S. Immigration & Customs Enforcement, violated his rights, falsely imprisoned him and caused him to suffer severe emotional distress. Plaintiff Michael Kamburowski alleged that he never received any Notice to Appear for a removal hearing, and that his subsequent detention and imprisonment was illegal and unlawful.
New York Eastern District Court
P.I.: Other
Filed: February 18, 2005
Plaintiff: Michael Kamburowski, Gina Kamburowski Defendant: Michael Kidd, Michael Kidd, John Doe I, John Doe I, John Doe II and others...
Last Docket Filed: April 28, 2008
(April 27, 2008)
Uzamere v. Bush, et al
Plaintiff Cheryl D. Uzamere alleges that Defendants government officials failed to act on her report that her husband Ehigie Edobor a/k/a Godwin Uzamere entered into a sham marriage with her and committed bigamy by marrying another woman at the same time.
New York Eastern District Court
Plaintiff
Filed: February 22, 2008
Plaintiff: Cheryl D. Uzamere Defendant: George W. Bush, Condoleeza Rice, Michael Mukasey, Michael Chertoff, Dr. Emilio T. Gonzalez and others...
Last Docket Filed: April 9, 2008
(April 8, 2008)
Manuel Ramirez, et al v. Christine Poulos, et al
US immigration law permits H-1B foreign workers to be in the United States for no more than six years. The issue in this case was whether time spent outside of the United States by the plaintiff during the six years count in the calculation of the six-year limit.
California Central District Court
Other Statutory Actions
Filed: April 4, 2002
Plaintiff: Manuel Ramirez, Gabriella Salas; Defendant: Christine Poulos, James Ziglar
Last Docket Filed: December 16, 2002
(December 15, 2002)

More Featured Cases

Dockets

UNITED STATES OF AMERICA v. Akpan
Texas Southern District Court
Deportation
Filed: January 27, 2010
Plaintiff: UNITED STATES OF AMERICA Defendant: Ernest NDA Akpan
(January 26, 2010)
Valenzuela Garay v. Immigration Naturalization Services
Texas Western District Court
Deportation
Filed: January 26, 2010
Petitioner: Ruben Valenzuela Garay Respondent: Immigration Naturalization Services
(January 25, 2010)
Habchi v. Riordan et al
Massachusetts District Court
Deportation
Filed: January 21, 2010
Plaintiff: Salim Habchi Defendant: Denis Riordan, David Roark, Alejandro Mayorkas, Janet Napolitano, Eric H. Holder, Jr. and others...
(January 20, 2010)
United States of America v. Gonzales & Gonzales Bonds and Insurance Agency, Inc. et al
California Northern District Court
Deportation
Filed: January 14, 2010
Plaintiff: United States of America, United States of America, United States of America, United States of America, United States of America Defendant: Gonzales & Gonzales Bonds and Insurance Agency, Inc., American Surety Company, Inc.
(January 13, 2010)
Adent et al v. Dorochoff et al
Illinois Northern District Court
Deportation
Filed: December 31, 2009
Plaintiff: Michelle Adent, Jamal Yacoub Defendant: Ruth A. Dorochoff, Bret Gregg, Robert M. Cowan
(December 30, 2009)

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Legislation

Bill Introduced: H.R.4470 Strong STANDARDS Act
To ensure that individuals detained by the Department of Homeland Security are treated humanely, provided adequate medical care, and granted certain specified rights.
(January 17, 2010)
Bill Introduced: S.2767 Emergency Port of Entry Personnel and Infrastructure Funding Act of 2009
A bill to provide additional resources and funding for construction and infrastructure improvements at United States land ports of entry, to open additional inspection lanes, to hire more inspectors, and to provide recruitment and retention incentives for United States Customs and Border Protection officers who serve on the Southern Border.
(November 8, 2009)
Bill Introduced: S.2757 Military Families Act
A bill to authorize the adjustment of status for immediate family members of persons who served honorably in the Armed Forces of the United States during the Afghanistan and Iraq conflicts and for other purposes.
(November 7, 2009)
Bill Enacted: H.J.Res.26 Proclaiming Casimir Pulaski to be an honorary citizen of the United ...
Proclaiming Casimir Pulaski to be an honorary citizen of the United States posthumously.
November 06, 2009: Became Public Law No: 111-94.
(November 4, 2009)
Bill Introduced: H.R.3687 To amend the Immigration and Nationality Act to eliminate the ...
To amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas to certain employment-based immigrants who obtain an advanced degree in the United States.
(September 29, 2009)

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Regulations

Rule - Application of Immigration Regulations to the Commonwealth of the Northern Mariana ...
Executive Office for Immigration Review
Rule
Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands; Correcting Amendment
,
67969 [E9-30287]
DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 1, 208, 209, 212, 214, 217, 235, 245, 274a, 286, and 299 [CIS No. 2460-08; DHS Docket No. USCIS-2008-0039] RIN 1615-AB77 DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Parts 1001, 1208, 1209, 1212, 1235, 1245 and 1274a [EOIR Docket No. 169 AG Order No. 3120-2009] RIN 1125-AA67 Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands AGENCY: U.S. Citizenship and Immigration Services, DHS; Executive... [read document]
View Document | Download PDF
(December 21, 2009)
Rule - Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands
Executive Office for Immigration Review
Rule
Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands
,
62207-62208 [E9-28417]
Rules and Regulations Federal Register DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 1, 208, 209, 212, 214, 217, 235, 245, 274a, 286, and 299 [CIS No. 2460-08; DHS Docket No. USCIS-2008-0039] RIN 1615-AB77 DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Parts 1001, 1208, 1209, 1212, 1235 and 1245 and 1274a [EOIR Docket No. 169 AG Order No. 3120-2009] RIN 1125-AA67 Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands AGENCY: U.S.... [read document]
View Document | Download PDF
(November 26, 2009)
Rule - Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands
Executive Office for Immigration Review
Rule
Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands
,
55726-55744 [E9-26094]
Part V Department of Homeland Security 8 CFR Parts 1, 208, 209, et al. Department of Justice Executive Office for Immigration Review 8 CFR Parts 1001, 1208, 1209, et al. Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands; Interim Final Rule DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 1, 208, 209, 212, 214, 217, 235, 245, 274a, 286, and 299 [CIS No. 2460-08; DHS Docket No. USCIS-2008-0039] RIN 1615-AB77 DEPARTMENT OF JUSTICE Executive Office for... [read document]
View Document | Download PDF
(October 27, 2009)
Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
Executive Office for Immigration Review
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals
,
38231 [E9-18318]
DEPARTMENT OF JUSTICE Executive Office for Immigration Review [OMB Number 1125-0010] Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 30-Day Notice of Information Collection Under Review: Notice of Appeal to the Board of Immigration Appeals from a Decision of a USCIS Officer. The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) will be submitting the following information collection request to the Office of Management and... [read document]
View Document | Download PDF
(July 30, 2009)
Rule - Removing References to Filing Locations and Obsolete References to Legacy Immigration, etc.
U.S. Citizenship and Immigration Services
Rule
Removing References to Filing Locations and Obsolete References to Legacy Immigration, etc.
,
26933-26941 [E9-13014]
Rules and Regulations Federal Register DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services 8 CFR Parts 1, 100, 103, 204, 207, 208, 211, 212, 214, 216, 236, 244, 245, 248, 264, 274a, 301, 316, 320, 322, 324, 327, 328, 329, 330, 334, and 392 [CIS No. 2405-07; DHS Docket No. USCIS-2007-0005] RIN 1615-AB56 Removing References to Filing Locations and Obsolete References to Legacy Immigration and Naturalization Service; Adding a Provision To Facilitate the Expansion of the Use... [read document]
View Document | Download PDF
(June 4, 2009)

More Regulations

Articles

The Working Hours of Immigrants in Germany: Temporary Versus Permanent
IZA Discussion Paper No. 4735 Martin Kahanec and Michael P. Shields Institute for the Study of Labor (IZA) and affiliation not provided to SSRN Date Posted: February 8, 2010 Last Revised: February 8, 2010
(February 7, 2010)
Returning to the Question of a Wage Premium for Returning Migrants
IZA Discussion Paper No. 4736 Alan Barrett and Jean Goggin Economic and Social Research Institute and affiliation not provided to SSRN Date Posted: February 8, 2010 Last Revised: February 8, 2010
(February 7, 2010)
Does University Quality Drive International Student Flows?
CEPR Discussion Paper No. DP7657 Linda Van Bouwel and Reinhilde Veugelers affiliation not provided to SSRN and Catholic University of Leuven (KUL) - Department of Applied Economics Date Posted: February 8, 2010 Last Revised: February 8, 2010
(February 7, 2010)
Immigration Policies and the Ecuadorian Exodus
IZA Discussion Paper No. 4737 Simone Bertoli , JesÃºs FernÃ¡ndez-Huertas Moraga and Francesc Ortega University of Florence - Department of Economics , Columbia University and Universitat Pompeu Fabra Date Posted: February 8, 2010 Last Revised: February 8, 2010
(February 7, 2010)
The Foreign-Born Population in the European Union and its Contribution to National Tax and ...
Luca Barbone , Salman Zaidi and Mikhail Bontch-Osmolovski World Bank , World Bank and World Bank - DECRG Date Posted: February 7, 2010 Last Revised: February 7, 2010
(February 6, 2010)

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