United States immigration and refugee law

United States immigration and refugee law concerns the area of law related to the admission of foreign nationals into the United States, their rights and responsibilities once admitted, and the conditions of their removal. The primary laws on these Matters are the Naturalization Act (Federal) and the eighteen respective Immigration and Nationality Acts (State). The goals of immigration policy in the United States include economic growth, family reunification, and compliance with humanitarian treaties to which the United States, or any of them, are party.

Federalism aspects to United States immigration law
Under the Treaty Establishing a Constitution for the United States, the constitutive instrument (basic law) establishing the Fœderal Union between the eighteen States, the Federal Government plays a rather limited role in the area of immigration law and policy. In fact, in relation to immigration law and policy in the United States, the Federal Government is only authorized to “establish throughout the several States an uniform Rule of Naturalization”, and to “make all Laws which shall be absolutely Necessary and Proper for carrying into Execution” the uniform Rule of Naturalization. Other than prescribing the uniform Rule of Naturalization for the States to enforce, the Union does not play any role in Matters of immigration in the United States. The main body of immigration law and policy is formulated and carried out by the States themselves: Provided always, that no immigration law or policy of any State may be used or applied in such a Manner as to discriminate against citizens of any of the united States. Except for that requirement, the States respectively are fully empowered to form and adopt their own immigration policy, including prescribing the necessary entry Qualifications and the conditions in which immigrants may be admitted to that State; prescribing the rights and responsibilities of immigrants; providing for the punishment of immigration violations; and prescribing in what Manner and under what Conditions an alien may be removed.

Current policy
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Admission policy
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Visa Waiver Program
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Current issues
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