Immigration Law
Visas, citizenship, deportation
Overview
Immigration law governs who may enter, remain in, and become citizens of the United States. The Immigration and Nationality Act (INA) is the primary federal immigration statute, establishing categories for family-based and employment-based immigration, refugee and asylum protections, and grounds for deportation.
The immigration system includes both immigrant visas (for permanent residence) and nonimmigrant visas (for temporary stays). Employment-based immigration includes categories for extraordinary ability (EB-1), professionals with advanced degrees (EB-2), and skilled workers (EB-3). The H-1B program allows U.S. employers to temporarily employ foreign workers in specialty occupations.
Immigration enforcement is handled by U.S. Citizenship and Immigration Services (USCIS) for benefits, Immigration and Customs Enforcement (ICE) for interior enforcement, and Customs and Border Protection (CBP) for border security. Immigration courts, part of the DOJ, adjudicate removal proceedings with decisions appealable to the Board of Immigration Appeals and federal courts.
Key Federal Laws
- •Immigration and Nationality Act (8 U.S.C. § 1101 et seq.)
- •Refugee Act of 1980
- •Immigration Reform and Control Act of 1986 (IRCA)
- •Illegal Immigration Reform and Immigrant Responsibility Act of 1996
- •Deferred Action for Childhood Arrivals (DACA) — Executive Action
Key Cases
- •DHS v. Regents of Univ. of Cal. (2020) — DACA rescission
- •Zadvydas v. Davis (2001) — Indefinite detention of deportable aliens
- •Plyler v. Doe (1982) — Undocumented children's right to education
- •Arizona v. United States (2012) — State immigration enforcement
- •Trump v. Hawaii (2018) — Travel ban
State Variations
While immigration is primarily federal, states have enacted various laws affecting immigrants. Some states and cities have adopted sanctuary policies limiting cooperation with federal immigration enforcement. States differ on driver's license eligibility for undocumented immigrants, in-state tuition for DACA recipients, and state-funded healthcare for noncitizens. E-Verify mandates for employer immigration status verification vary by state.
Frequently Asked Questions
What is the difference between a green card and citizenship?
A green card (permanent resident card) grants the right to live and work permanently in the U.S., but holders cannot vote, hold certain government jobs, or receive full consular protection abroad. Citizenship, obtained through naturalization after typically five years of permanent residence, grants full rights including voting and a U.S. passport. Citizens cannot be deported, while green card holders can be removed for certain crimes.
How does the asylum process work?
Asylum seekers must demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Affirmative asylum is filed proactively with USCIS within one year of arrival. Defensive asylum is raised as a defense in removal proceedings before an immigration judge. Asylum seekers may receive work authorization and eventually apply for permanent residence.
Compare Immigration Law Across States
See how different states handle immigration law side by side.
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