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Immigration Policy of US
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Immigration Policy of US

Last Updated : 20 Mar, 2024
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The immigration policy of the United States governs the entry and legal status of foreign nationals within its borders. It encompasses laws, regulations, and procedures that determine who is eligible to enter, stay, and work in the country.

Shaped by historical precedent, economic needs, and political considerations, US immigration policy is a complex and evolving framework that plays a crucial role in shaping the nation's demographics, economy, and social fabric.

Current Immigration Policy of United States

Here is a general overview of some key aspects of Current Immigration Policy US:

  1. Legal Immigration: The U.S. operates several visa programs for individuals seeking to immigrate legally. These include family-based immigration, employment-based immigration, diversity visa lottery, and humanitarian programs like refugees and asylees.
  2. Undocumented Immigration: The U.S. faces ongoing debates and policies regarding undocumented immigration. This includes issues such as border security, pathways to citizenship for undocumented individuals already in the country, and enforcement measures.
  3. Refugee Policy: The U.S. sets quotas for the number of refugees it will accept each year and establishes criteria for their admission. Refugee policy can be subject to changes based on global events and domestic political considerations.
  4. Temporary Visas: The U.S. also offers various temporary visas for purposes such as tourism, work, study, or cultural exchange.
  5. Travel Bans: The U.S. has implemented travel bans on individuals from certain countries in the past, citing national security concerns or public health emergencies. These bans have been a subject of controversy and legal challenges.
  6. DACA: The Deferred Action for Childhood Arrivals (DACA) program, established in 2012, provides temporary relief from deportation and work authorization to certain undocumented individuals who were brought to the U.S. as children. The status of DACA recipients and the program itself has been the subject of political and legal debates.
  • Foreign Policy of United States

Legal immigration Policy of US

Here are the Legal Immigration Policy of United States:

Aspect of Immigration PolicyDescription
Basis of Immigration SystemThe US immigration system is founded on the Nationality Act of 1965 and the Immigration Act of 1990 (INA).
AdministrationCitizenship and Immigration Services (CIS) are responsible for processing immigration applications and managing the immigration process.
Annual Immigrant VisasThe INA permits the US to grant approximately 675,000 permanent immigrant visas each year, excluding admissions for immediate relatives of US citizens.
Visa PolicyProspective immigrants must apply for and be accepted for a travel visa. Green cards designate individuals as lawful permanent residents, with approximately one million green cards granted annually.
Green Card RecipientsBetween 2013 and 2017, green card recipients included immediate relatives of American citizens (45%), family-sponsored immigrants (21%), employment-based immigrants (14%), and refugees (13%). Additionally, the Diversity Immigrant Visa program grants 55,000 green cards annually.
Nonimmigrant Visa CategoriesVarious nonimmigrant visa categories exist for short-term stays, including tourist, immigration, student, and work visas.
Refugee AdmissionsThe Refugee Act of 1980 governs asylum policy, recognizing refugees as individuals with a "well-founded fear of persecution." The US accepts refugees annually through the U.S. Refugee Admissions Program, with adjustments to the annual cap as needed.
Naturalization ProcessNaturalization is governed by the Immigration and Nationality Acts of 1952 and 1965 and overseen by CIS. Eligible applicants must meet age, residency, language, and civics requirements, undergo an interview and pass English and civics tests, and take the Oath of Allegiance.
Trends and StatisticsDuring the 2010s, over 7.3 million immigrants were naturalized, with common countries of origin including Mexico, India, the Philippines, Cuba, and China.
Policy EvolutionThe US has periodically adjusted its asylum policy to accommodate refugees from various regions, with significant changes observed under different administrations, such as the Trump and Biden administrations.

Illegal immigration Policy of US

The following are the Illegal immigration Policy of United States

Aspect of Illegal Immigration PolicyDescription
Legal FrameworkIllegal immigration policies in the US are primarily governed by the Immigration Reform and Control Act of 1986 (IRCA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).
Enforcement AuthorityImmigration and Customs Enforcement (ICE) is responsible for preventing and investigating illegal immigration.
Legal EntitlementsUndocumented immigrants have certain legal entitlements, including enrollment in public schools (Plyler v. Doe) and access to emergency medical treatment (Emergency Medical Treatment and Active Labor Act).
Population EstimatesThe estimated population of unauthorized immigrants in the US ranges from 11 to 12 million, with a decline observed since the peak in 2007.
Amnesty ProgramsAmnesty programs, such as those authorized by the IRCA in 1986, have provided lawful permanent residence or a path to citizenship for undocumented immigrants meeting specific criteria. Approximately three million undocumented immigrants were granted amnesty under this law.
Deferred ActionThe US has implemented deferred action policies, such as the Deferred Action for Childhood Arrivals (DACA) program, to support certain categories of undocumented immigrants, providing them with temporary relief from removal and authorization to work in the US.
Removal ProceedingsRemoval proceedings for undocumented immigrants are governed by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Immigration courts oversee these proceedings, with eligibility for cancellation of removal based on factors such as length of residence and criminal record.
Detention and ReleaseWhether undocumented immigrants awaiting deportation are detained or released is determined by law and the discretion of the Justice Department. Detention policies have varied over time and differ based on the nature of the immigration violation.
Judicial OversightRemoval proceedings are conducted by executive agencies, with immigration courts operating under the jurisdiction of the executive branch. Appeals are heard by the Board of Immigration Appeals. Calls for immigration courts to be moved to the judicial branch have been made to strengthen separation of powers.
Expedited RemovalIn some cases, undocumented immigrants may be subject to expedited removal, resulting in removal without involvement of an immigration court. Immigrants facing removal proceedings may also voluntarily depart or withdraw their application.

US Immigration Quotas by Country

The following US Immigration Quotas by Country:

CountryQuota
India65,000
China65,000
Mexico25,620
Philippines23,400
Egypt20,000
Dominican Republic15,000
Vietnam7,000
Bangladesh7,000
Pakistan6,000
Haiti5,000
Nigeria5,000
Jamaica5,000
El Salvador4,500
Ethiopia4,500
South Korea4,500
Guatemala4,000
Iran4,000
Honduras3,900
Ukraine3,400
Burma3,000
All other countries combined22,522

These quotas are subject to change based on various factors, including immigration policy revisions and diplomatic agreements between the United States and other countries.

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Immigration Policy of US

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