Law 3 Exam

Immigration and Nationality Laws

INA, Title 8 of the United States Code, Title 8 of Code of Federal Regulations

Department of Homeland Security

CBP: U.S. Border Patrol, Office of Field Operations, Air and Marine Operations, ICE, and U.S. Citizenship and Immigration Services (USCIS)

CBP

determines who and what may enter the physical U.S.

ICE

investigation and interior enforcement of immigration and customs laws, can either be homeland security investigations, enforcement and removal operations

United Citizenship and Immigration Services (USCIS)

in charge of lawful immigration in the U.S. and Naturalization

Department of Justice

houses our immigration courts (Executive Office for Immigration Review (EOIR), Board of Immigration Appeals (BIA), and Office of Immigration Litigation (OIL)

Department of State

Issues visas and U.S. passports

U.S. Nationals

are people born in OLP (American Samoa and Swain's Island), if somebody is born in OLP, they are not born in the U.S., owe sole allegiance to U.S. but do not get all the rights of citizenship

All U.S. Nationals

are not considered U.S. citizens but U.S. citizens are U.S. Nationals

Rights of U.S citizens

vote, hold public office, run for president, live in U.S.

Rights of U.S. Nationals

Enter the U.S. and not be subject for removal, live in U.S., work in U.S., and have a passport indicating U.S. National

An alien is someone who is not

U.S. citizen or U.S. National

Four ways to become a USC

Jus Soli, Jus Sanguinis, Naturalization, Acts of Congress

Jus Soli

Born in the United States and subject to the jurisdiction thereof (14th Amendment and Civil Rights Act of 1866)

Jus Sanguinis

Born to at least one U.S.C. parent, citizenship through right of blood

Naturalization

The conferring of the nationality of a state upon a person after birth, by any means whatsoever

Acts of Congress

Congress has the authority to pass laws that give citizenship or nationality to individuals or groups

Proof of U.S. citizenship

U.S. citizens are not required to carry proof of citizenship

Documents that provide proof of citizenship

Birth certificate, born in the U.S.A., Certificate of Citizenship, Certificate of Naturalization, U.S. passport, U.S. passport card, Report of birth abroad, judicial declaration of nationality or enhanced driver’s license

10-50 positive check

person has at least one immigration encounter, examples: alien lawfully allowed into U.S. but now in violation of immigration law, alien who ewi’d with previous encounter, alien lawfully allowed into us with no violations, naturalized citizen

10-50 negative check

person does not have an immigration record with DHS, examples: U.S.C. from birth, alien who ewi’d and has never been caught

you are a U.S.C if you were born in:

the 50 states, Washington, DC, Puerto Rico, US Virgin Islands, Guam, and Commonwealth of the Northern Mariana Islands

Not Subjection to the Jurisdiction of the U.S., Four Exceptions to Jus Soli

children born to foreign sovereigns on state visits, children born to foreign ambassadors assigned to U.S. (blue list), Children of foreign enemies born during a hostile occupation, Children born on foreign warships/warplanes, if any of these 4 apply you are not citizens by Jus Soli

U.S. Changes over time

Jus Soli requires being born in a geographic area when it is apart of the U.S., examples: Horcon Tract, Panama Canal Zone, Panama Canal Company

Horcon Tract

Pre 1977 part of Texas so U.S.Cs and Since 1977 part of Mexico so Mexican nationals

Panama Canal Zone

Children born between 1904 and October 1, 1979 in the zone to a USC parent were citizens at birth

Panama Canal Company

Children born after February 26, 1904 to a U.S.C. parent employed by the Panama Railroad Company or Panama Canal Company or the U.S. government assigned to such

Foundlings, what to do when children are found in the United States, unknown parents

Applies to: Children found in the U.S. under the age of 5 with no known parents are presumed to be a native-born USC, unless proven otherwise before age 21