US Immigration Law Overview

  • Statutory Law

    • Definition: Statutory law refers to laws created by legislative bodies such as Congress.

    • Origin:

    • The United States Code (USC) originates from Congress, which is the legislative branch of the government.

    • Legislative process:

      • A bill must be approved by both the House of Representatives and the Senate.

      • Once both houses approve, the President must sign it for it to become a law.

      • After presidential approval, it is codified in the United States Code.

  • Public Law

    • Understanding Public Law:

    • Public laws are codified in the United States Code.

    • Example format:

      • "PUB L. No. A-17, 360," where:

      • PUB = Public

      • L = Law

      • A-17 = Session of Congress

      • 360 = Law number

    • Importance: Provides a formal reference for laws affecting the public.

  • Navigating the INA Book

    • Key pages: Focus on CPL 1 to CPL 4 in the Immigration and Nationality Act (INA) book for public laws.

    • Alternative Resources:

    • Congress website can be used to search public law, though some find the book easier.

  • Understanding Regulations

    • Regulations:

    • Not laws, but rules enforced like laws.

    • In case of conflict, statutes take precedence over regulations.

  • Types of Law

    • Case Law:

    • Originates from judicial branch (judges and court rulings).

    • Circuit Courts:

    • There are 13 circuit courts, which serve as appellate courts.

    • District Courts:

    • These are the lowest level of federal courts.

    • Supreme Court:

    • The highest court in the U.S.

  • Definitions in the INA

    • Where to find: Definitions can be found in INA section 101 (could be 101(a), 101(b), 101(c), etc.).

  • Key Legislation in Immigration Law

    • Aggravated Felony Provision:

    • Created by the Anti-Drug Abuse Act.

    • Other acts expanded definitions and removed time restrictions (e.g., Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)).

    • Refugee Act of 1980:

    • Expanded definition of refugees under INA 101(a)(42).

    • Established criteria for refugee status.

    • Key protected grounds:

      • Race, religion, nationality, membership in a particular social group, political opinion.

    • Immigrant Reform and Control Act (IRCA) of 1986:

    • Provided amnesty for undocumented workers who met certain conditions.

    • Introduced penalties for employers hiring undocumented workers.

    • Immigration Act of 1990:

    • Major changes to the structure of the INA.

    • Established diversity visas for underrepresented countries.

    • Introduced new nonimmigrant categories (O, P, Q, R).

    • IIRIRA (1996):

    • Restricted judicial review of certain agency decisions and further defined aggravated felonies.

    • Shifted all alien removal cases under the umbrella of removal proceedings (discontinued separate exclusion and deportation processes).

    • Affidavit of Support:

    • Required for I-130 petitions to ensure that beneficiaries are financially supported.

  • Testing Knowledge:

    • There are mechanisms to study such as using quizzes and checking understanding of concepts.

    • Example question: "Which legislation created the diversity immigrant category?" (Answer: Immigration Act of 1990)

    • Always refer to law citations for accuracy.