Image source: Pexels.com

Are you interested in learning more about immigration laws and policies? If so, you have come to the right place. In this blog post, I will give you a brief overview of some of the key aspects of immigration laws and policies in the United States, one of the most popular destinations for immigrants from all over the world.

I will also share some of the proposed changes that President Joe Biden has introduced since he took office in January 2021.

What are immigration laws and policies?

Immigration laws and policies are the rules and regulations that determine who can enter, stay, work, study, and become a citizen in a country. They also define the rights and responsibilities of immigrants and the authorities that enforce them.

Why are immigration laws and policies important?

Immigration laws and policies can have a significant impact on the lives of millions of people. They can affect their social, economic, humanitarian, demographic, and security situations. They can also reflect the values, interests, and challenges of a country and its people.

How do immigration laws and policies vary from country to country?

Immigration laws and policies can vary widely from country to country, depending on their history, culture, economy, security, and political situation. Some countries have more open and welcoming immigration policies, while others have more restrictive and selective ones.

How do immigration laws and policies work in the United States?

The United States has a complex and dynamic immigration system that is based on several sources of law:

• The Immigration and Nationality Act (INA): The main federal law that governs immigration in the United States. It was enacted in 1952 and has been amended several times since then. It covers topics such as visas, green cards, citizenship, deportation, asylum, refugees, and more.
• The Code of Federal Regulations (CFR): The collection of rules and regulations that implement the INA and other federal laws related to immigration. It is issued by various agencies within the Department of Homeland Security (DHS), such as U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), etc.
• Executive Orders (EOs): The directives issued by the president that have the force of law. They can be used to change or clarify existing immigration laws or policies or to create new ones. For example, President Trump issued several EOs to restrict immigration from certain countries, reduce refugee admissions, end DACA (Deferred Action for Childhood Arrivals), etc.
• Court Decisions: The rulings made by federal courts that interpret or challenge immigration laws or policies. They can uphold, modify, or overturn existing laws or policies or create new ones. For example, the Supreme Court upheld President Trump’s travel ban in 2018 but rejected his attempt to end DACA in 2020.
• Settlement Agreements: The contracts signed by parties involved in lawsuits that resolve disputes over immigration laws or policies. They can also create new rules or obligations for the parties or for other immigrants. For example, the Flores Settlement Agreement of 1997 set standards for the detention and release of migrant children.

What are the different categories of immigrants in the United States?

There are different categories of immigrants in the United States, depending on their legal status:

• Lawful Permanent Residents (LPRs): Also known as green card holders, they are authorized to live and work permanently in the United States. They can apply for citizenship after meeting certain requirements. There were about 35 million LPRs in the United States in 2019.
• Temporary Visa Holders: Also known as nonimmigrants, they are admitted to the United States for a specific purpose and period of time. They include students, workers, tourists, business travelers, etc. They must comply with the terms and conditions of their visas or face deportation. There were about 11 million temporary visa holders in the United States in 2019.
• Unauthorized Immigrants: Also known as undocumented immigrants or illegal aliens, they are those who entered or stayed in the United States without proper authorization. They may have crossed the border illegally, overstayed their visas, or violated other immigration laws. They are subject to deportation and have limited rights and benefits. There were about 10.5 million unauthorized immigrants in the United States in 2019.
• Refugees and Asylum Seekers: They are those who fled their home countries due to persecution or violence and sought protection in the United States. Refugees are admitted through a formal resettlement program, while asylum seekers apply for protection after arriving in the United States. They are eligible for certain benefits and can apply for green cards after one year. There were about 3 million refugees and asylum seekers in the United States in 2019.

What are some of the proposed changes to immigration laws and policies in the United States?

President Joe Biden has introduced several proposals to change the immigration laws and policies in the United States since he took office in January 2021. Some of his main proposals are:

• The U.S. Citizenship Act of 2021: A comprehensive immigration reform bill that would create an eight-year path to citizenship for unauthorized immigrants, update the family-based and employment-based immigration systems, increase the number of diversity visas, and address the root causes of migration from Central America.
• The Build Back Better Act: A spending bill that would make about 7 million unauthorized immigrants eligible to apply for protection from deportation, work permits, and driver’s licenses. It would also provide funding for border security, humanitarian assistance, and integration programs.
• The Presidential Determination on Refugee Admissions: A document that sets the annual cap on the number of refugees that can be admitted to the United States. Biden has raised the cap from 15,000 under Trump to 62,500 for fiscal year 2021 and 125,000 for fiscal year 2022.
• The Migration Protection Protocols (MPP): Also known as the “Remain in Mexico” policy, it requires asylum seekers who arrive at the U.S.-Mexico border to wait in Mexico while their claims are processed. Biden had ended the policy but reinstated it after the Supreme Court upheld a lawsuit by Texas and Missouri that challenged its closure.

Conclusion

Immigration laws and policies are important and complex issues that affect millions of people’s lives. They reflect the values, interests, and challenges of a country and its people. They also evolve over time as circumstances change.

Biden immigration law policy reform United States

Ghazala Siddique