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Immigration Law

Definitions

Citizen:
A member of a sovereign nation governed, whose rights are defended by the country where he or she possesses the citizenship.

Native-born citizen:
A person who was born in the country of his or her citizenship. This status is gained automatically at birth in most of countries, even if the parents are non-native.

Naturalized citizen:
A person who willingly chooses to apply for citizenship (and gains it) in a foreign country.

Alien:
Any person who lives or works in a foreign country.

The basic immigration law of the United States is The Immigration and Nationality Act, or INA, created in 1952. It has been the subject of multiple changes, both major and minor. The INA defines an alien as any person who is not a citizen of the United States and sorts them in three major categories: resident/nonresident, immigrant/nonimmigrant and illegal. The United States Congress has complete authority over immigration, while the president is limited to policies on refugees.

Significant changes and amendments made to the Immigration and Nationality Act

  • 1965: The natural origin provisions were abolished.
  • 1986: Immigration Reform and Control Act sanctions were toughened for employers hiring illegal aliens.
  • 1986: The Immigration Marriage Fraud Amendments limited the practice of getting married to gain citizenship.
  • 1990: The Immigration Act (IMMACT) sought to equalize the distribution of visas throughout various countries, and limited the annual number of immigrants to 700,000, emphasizing that family reunion is the main immigration criteria, in addition to employment-related immigration.
  • 1996: Antiterrorism and Effective Death Penalty Act (AEDPA) was signed into law to “deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes.” The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) was also signed into law, which vastly changed the immigration laws of the United States.
  • Asylum for refugees:
    Refugees can gain legal status in the United States by seeking and receiving asylum. Individuals can be designated as refugees while they are abroad, or they can physically enter the United States and request asylum status. There is a specific number of legally defined refugees who are admitted to the United States annually, which makes up approximately 1/10 of the total American immigration each year. Ever since World War II, The United States has become home to more refugees than any other nation in the world. Since 1980, more than two million refugees have arrived in the U.S.

    Illegal immigration:

    There are various bills in the United States Congress right now that either seek to provide for legalization and amnesty of those present in the country illegally, or to crack down on employers that hire undocumented workers and build a wall along the Mexican border. The United States Census Bureau estimates that 8.7 million illegal immigrants were living in the U.S. in 2000, and immigration officials estimate that the illegal immigrant population grows by at least 500,000 people every year.


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