What Is the Basic Law that Governs Immigration?
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The name of the law that pertains to immigration in the United States is The Immigration and Nationality Act (INA), which has been in effect since 1952. These laws govern what foreign nationals are allowed to do while on U.S. soil, how they can enter the country, and how long they can stay. The law determines their legality, eligibility for changing immigration status, and whether or not someone can be legally deported.
According to the American Immigration Council, the guiding principles of the U.S. Immigration law are:
● Keeping families together by reuniting them
● Bring immigrants with brilliant minds or valuable skills into the workforce
● Protect those who are fleeing from a country affected by a natural disaster, or ravaged by war, persecution, and political upheaval
History of the INA
The Immigration and Nationality Act, also known as The McCarran-Walter Act, was an update from the original law from 1924. It set up a controversial quota system. Immigration law has always been linked to and affected by foreign policy and issues of national concern. In the 1950s during the American Red Scare, limitations were put on who could come to the United States from which countries, out of fear of communism spreading to the country. Senator Pat McCarran of Nevada proposed a new immigration bill that also singled out people of Jewish descent. Meanwhile, House Representative Francis E. Walter of Pennsylvania was proposing his bill. The quota system limited how many visas were granted each year, but also restricted which countries people were allowed to immigrate from. These quotas have been connected to acts of legal discrimination. This act also ended the controversial ban on Asians immigrating into the United States, though even President Truman could see that the quotas still discriminated against them. In fact, Truman vetoed the bill, but Congress overrode it, and in June 1952 more strict immigration laws went into effect.
On paper and in practice, citizenship preference was given to families seeking reunification and people with skills that could benefit the U.S. economy. But it is still steeped in discrimination.
A variety of famous and world-renowned artists and intellectuals, such as Pablo Nerudo and Michel Foucault, have even been denied entry into the U.S. out of fear of promoting anti-American views.
Immigration has been a hot topic in the news, but even more so since President Trump took office. There are currently numerous children and families that have been separated and placed into camps. Many of them do not speak English, and it is very difficult to find a translator for the various dialects represented in the camps.
How To Hire An Immigration Lawyer
Because the laws regarding immigration are federal laws, any attorney who is a member of any bar (such as in any state, commonwealth, territory, or property of the U.S., or the District of Columbia) can practice immigration law. It doesn't matter which bar association they are a member of so long as they are a member.
It's important to hire someone who speaks your preferred language fluently, and who communicates with you regularly.
For more information or to request a consultation with an immigration attorney, visit https://www.fl-ilc.com/. You can schedule yours online. A good idea is to prepare questions before the consultation so you can be sure to ask what you want.
