Basic Immigration Laws

Basic Immigration Laws

Since previously piecemeal immigration laws were consolidated by Congress in 1952, immigration law in the U.S. has continued to evolve. Changes in immigration law affect employers, visitors, students, business travelers and others seeking to live, work or travel to the U.S. Contact Vanessa Saenz, Attorney at Law in Nashville, Tennessee for experienced legal representation for all of your immigration legal matters.

Immigration and Nationality Act (INA)

The INA was passed originally in 1952 and codified in Title 8 of the U.S. Code. Seen by many as a restrictive, isolationist law that represented the Cold War world view, the INA became the law of the land when Congress overrode President Harry Truman's veto. The act serves as the framework for current immigration law and has been amended many times since its inception. The corresponding federal regulations from the INA are located in Title 8 of the Code of Federal Regulations (CFR).

Immigration Reform and Control Act (IRCA)

Passed with bipartisan support in 1986, IRCA prohibits employers from knowingly hiring undocumented workers and requires employers to verify each employee's eligibility for employment through an employment verification system. This system helps state and federal governments identify both aliens who are living in the U.S. unlawfully, and those who may be in the U.S. lawfully, but are prohibited from working under the terms of their visas.

Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA)

This significant act was passed in 1996 to improve and strengthen U.S. immigration law affecting illegal immigration. The act contained provisions aimed at a number of immigration policy concerns such as improving border control, creating and increasing civil and criminal penalties for violating immigration laws, improving internal enforcement, apprehending and detaining illegal aliens, and streamlining removal proceedings.

Anti-Terrorism and Effective Death Penalty Act (AEDPA)

Another 1996 law, the AEDPA added Title V to the INA, "Alien Terrorist Removal Procedures" and defined who was considered a member of a terrorist organization. The act also provided for the denial of asylum to alien terrorists.

Violent Crime Control and Law Enforcement Act (1994 Crime Bill) and Battered Immigrant Women Protection Act of 2000

The Violent Crime Control and Law Enforcement Act contained the Violence Against Women Act (VAMA) with an important subtitle: Protections for Battered Immigrant Women and Children. These provisions were further strengthened in 2000 with the passage of the Battered Immigrant Women Protection Act. These acts in conjunction work to provide protection to undocumented spouses and children who have suffered domestic violence and other forms of extreme cruelty at the hands of their spouses or parents who are U.S. citizens and legal permanent residents. These laws create avenues for these battered spouses and children in the country illegally to pursue legal status independent from having to rely on the legal status of their abusive relatives to do so. Historically these victims had remained with their abusers because there was no other route for legalization of immigration status than through this unsafe family connection.

Homeland Security Act

One of the most important and far-reaching outcomes of this 2002 act was the creation of the Department of Homeland Security (DHS). The DHS is an umbrella federal government agency with the mission to coordinate the efforts of other U.S. agencies involved in protecting the country from terrorist attacks. With the birth of DHS came the demise of the long-time Immigration and Naturalization Service (INS), the government agency then in charge of immigration matters. The main new immigration agency that replaced the INS is the U.S. Citizenship and Immigration Services (USCIS). USCIS is in charge of legal immigration to the United States, setting policy, and implementing legal and administrative procedures for visa, citizenship, naturalization, asylum and refugee matters.

Conclusion

Immigration law is an area that has undergone significant changes since the modern Immigration and Nationality Act was passed in 1952. In large part these changes in recent times have been attempts to control the entry of those with terroristic tendencies. It is important to be aware of immigration-law changes and to understand how they can affect you. For more information, contact Vanessa Saenz, Attorney at Law in Nashville, Tennessee, to speak with an experienced immigration attorney about your concerns.

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