U.S. Immigration Federal Laws and Resources

The federal government has the authority to control and regulate immigration into the United States. With this, it is important to understand federal immigration laws and the various roles of the federal agencies that regulate and enforce them.

 

Navigating Federal Immigration Laws

The Immigration and Nationality Act (INA) mainly rules federal immigration laws in the United States. This act specifies the rules on the admission of foreign nationals into the country, determining their immigration status, managing deportation procedures, and more. Understanding these provisions is crucial for those looking to migrate to the U.S., get lawful permanent residency, or become a U.S. citizen.

History of U.S. Immigration Laws

The Immigration and Nationality Act (INA) became law in 1952. Since then, it has become one of the primary sources of immigration laws.

For over six decades, the Immigration and Naturalization Service (INS), an agency under the Department of Justice, implemented immigration policies. But after the terrorist attacks on Sept. 11, 2001, the Homeland Security Act of 2002 abolished the INS. The Department of Homeland Security (DHS) was established.

The Homeland Security Act of 2002 shifted the primary duty for immigration law administration and enforcement from the U.S. Attorney General to the Secretary of the DHS. The act likewise established three other agencies that fall under the DHS, which are as follows:

  1. U.S. Citizenship and Immigration Services (USCIS)
  2. Immigration and Customs Enforcement (ICE)
  3. Customs and Border Protection (CBP)

Despite abolishing INS, the Department of Justice and the attorney general maintained certain enforcement powers. Other federal agencies also played a part in the regulation of immigration laws. This includes the U.S. Department of State and the Department of Labor.

Understanding the Roles of Key U.S. Government Agencies: USCIS, ICE, and CBP

Learn about the roles of key government agencies that handle matters related to immigration law and enforcement. These agencies are vital in enforcing immigration policies, facilitating lawful entry into the U.S., and ensuring public safety.

United States Citizenship and Immigration Services (USCIS)

The USCIS is the central government body that processes documents of people wanting to work or live in the United States. It handles the legal documentation and processing for matters such as getting permanent residence, securing a work visa, or applying for citizenship. Whether you want to bring your family members into the U.S. or have a legal work visa, staying informed about USCIS rules and regulations is helpful.

Immigration and Customs Enforcement (ICE)

ICE works as the law enforcement body of the U.S. immigration system. Its primary duty is to ensure public safety and security by enforcing immigration laws and supervising border control, trade, and customs. ICE agents also investigate and fight against human trafficking, illegal immigration, and illegal import activities. It arrests, identifies, and deports those who unlawfully entered the country or those who violated U.S. immigration laws. ICE operates to prevent unlawful entry into the United States. It assists in keeping the integrity of immigration policies.

U.S. Customs and Border Protection (CBP)

CBP works at the forefront of U.S. borders. They ensure that everyone and everything that enters the United States does so legally and safely. This agency monitors and secures U.S. borders by preventing illegal smuggling of goods and people. CBP officers often work at seaports, airports, and land border crossings, ensuring that travelers and cargo that enter the country follow U.S. laws. It also helps with lawful international trade and travel. CBP protects the country from threats and ensures lawful entry of people and goods.

U.S. Code: Statutes Related to Immigration

The following statutes related to immigration in the United States are presently in effect. They are in the United States Code (U.S.C.)

Title 6. Domestic Security. This title puts particular importance on the organization of the DHS. Included are provisions related to border and transportation security. It details the responsibilities and functions of the U.S. Customs and Border Protection and the Bureau of Citizenship and Immigration Services.

Title 8. Aliens and Nationality. This addresses the regulations about nationality, immigration, and the legal status of noncitizens in the United States. It details their rights and responsibilities as non-U.S. citizens in the United States. In this title, you can also learn how to get and lose U.S. citizenship.

Title 22 Foreign Relations and Intercourse. Title 22 covers the provisions that govern U.S. foreign policy and international relations. It includes laws relating to consular and diplomatic services, foreign aid, international agreements, and other foreign affairs of the United States.

Seek Legal Advice

The federal immigration system changes over time, and the law often undergoes amendments. State laws and political circumstances can also influence the enforced policies. So, it is crucial to keep yourself updated on these changes. It also helps to seek legal advice from an immigration law attorney. They can give you a better understanding of your eligibility to get a U.S. visa, migrate to the country, or get U.S. citizenship status. With their experience in the field, they can also help you with processing immigration status.

Learn About Federal Laws and Resources

  • Basic Immigration Laws. Federal laws cover a wide range of areas related to immigration and naturalization. This article offers an overview of the Immigration and Nationality Act, recent changes to the law, and how to challenge immigration decisions.
  • Immigration Forms and Fees. Each step of the U.S. immigration process will require you to file several forms and pay several fees. You'll find links to frequently requested forms and fee information in this article.
  • U.S. Embassy and Consulate Guide. A comprehensive list of links to U.S. embassies and consular offices worldwide. Find the embassy near you to learn about its location, hours of operation, and the services offered.
  • Information for Employers. Employers should take adequate steps to ensure that their employees aren't in the U.S. violating federal immigration laws. This section includes many resources to help employers follow federal law.

Federal Laws and Resources Articles

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Can I Solve This on My Own or Do I Need an Attorney?

  • Some people can get a green card or complete immigration forms without hiring legal help
  • Complex immigration cases (such as having a criminal history or past immigration violations) may need the support of an attorney

The immigration process can be complicated and slow. An attorney can offer tailored advice and help prevent common mistakes.

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