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In the United States, federal
immigration law determines whether a person is an alien, as
well as associated legal rights, duties, and obligations of
aliens in the United states. It also provides means by which
certain aliens can become naturalized citizens with full rights
of citizenship. Immigration law serves as a gatekeeper for
the nation's border: it determines who may enter, how long
they may stay and when they must leave.
The United States has a long
history of immigration laws. The Immigration and Nationality
Act of 1952, (INA) with some major, and many minor changes,
continues to be the basic immigration law of the country.
The most significant amendment to the INA was in 1965 which
abolished the natural origin provisions, and established a
new quota system.
For INA purposes, an "alien"
is any person who is not a citizen or a national of the United
States. There are different categories of aliens: resident
and nonresident, immigrant and nonimmigrant, documented and
undocumented.
Congress has total and complete
authority over immigration. Power of the President is limited
to policies on refugees. Unless the issue concerns the rights
of aliens to constitutional protections the courts have rarely
intruded. States have limited legislative authority regarding
immigration, and 28 U.S.C. § 1251 details the full extent
of state jurisdiction.
The need to stem illegal immigration
prompted Congress to enact the Immigration Reform and Control
Act (IRCA) of 1986. The IRCA toughened criminal sanctions
for employers who hire illegal aliens, denied illegal aliens
federally funded welfare benefits, and legitimized some aliens
through an amnesty program. The Immigration Marriage Fraud
Amendments of 1986 sought to limit the practice of marrying
to obtain citizenship. The Immigration Act of 1990 thoroughly
revamped the INA making allocation of visas more even among
foreign nations, eliminating archaic rules, and increasing
the level of worldwide immigration.
The goals in immigration policies
are achieved by granting or denying visas. There are two types
of visas: immigrant and nonimmigrant.
Nonimmigrant visas are primary
issued to tourists and temporary business visitors. Nonimmigrant
visas are divided into eighteen main categories, and the number
of visas in most categories are not limited. Only a few categories
of non-immigrant visas allow their holders work in the United
States.
Immigrant visas permit their
holders to stay in the United States permanently and ultimately
to apply for citizenship. An alien who has an immigrant visa
is permitted to work in the United States. Congress limits
the overall number of immigrant visas, which was 675,000 in
1995. Many immigrant visas are also subject to per-country
caps.
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