As immigration continues to be a hot topic in the United States, it’s important to have a solid understanding of the country’s immigration laws. In this article, we’ll provide an overview of US immigration law, including common terms you should know. We’ll also discuss legal updates and changes to immigration law that have taken place in recent years.

When it comes to immigration law, there are a lot of terms and regulations to keep track of. Whether you’re an immigrant yourself or simply interested in the topic, it can be helpful to have a basic understanding of these concepts. In this article, we’ll break down some of the most important terms and provide context for how they’re used in the world of immigration law.

Key Takeaways

• Understanding US immigration law is crucial for immigrants and those interested in the topic.
• Common immigration law terms can be confusing, but breaking them down can make them more understandable.
• Keeping up with legal updates and changes to immigration law is important in order to stay informed.

Overview of US Immigration Law

Federal Power and Delegated Authority

In the United States, the federal government has the power to regulate immigration and naturalization. This power is derived from the Constitution, which grants Congress the authority to establish a uniform rule of naturalization. As a result, the federal government has the power to create and enforce immigration laws, as well as to delegate certain powers to federal agencies.

Jurisdiction and Court of Appeals

The jurisdiction of immigration cases is primarily divided between the Executive Office for Immigration Review (EOIR) and the Board of Immigration Appeals (BIA). The EOIR is responsible for conducting immigration court proceedings, while the BIA has the authority to review decisions made by immigration judges.

The federal court system also plays a role in immigration law, particularly the Court of Appeals. The Ninth Circuit Court of Appeals, for example, has jurisdiction over immigration cases in several western states, including California, Arizona, and Nevada.

Overall, understanding the basics of US immigration law is crucial for anyone navigating the complex and often-changing landscape of immigration policy.

Common Immigration Law Terms

Material and Due Process

Material and due process are two important concepts in immigration law. Material refers to anything that is relevant to an immigration case, such as evidence or documentation. Due process is the right to a fair and impartial hearing, which includes the right to be informed of the charges against you, the right to present evidence, and the right to cross-examine witnesses.

Relief from Removal and Portability

Relief from removal refers to any legal remedy that allows an individual to remain in the United States despite being subject to removal. This can include asylum, cancellation of removal, or adjustment of status. Portability is a provision that allows certain individuals to change employers or jobs without losing their eligibility for certain immigration benefits.

That’s all for this section.

Legal Updates and Changes to Immigration Law

Security and National Security

In recent years, national security has been a top priority for the US government, and this has led to significant changes in immigration law. The Department of Homeland Security (DHS) has implemented several measures to enhance national security, including:

• Tightening visa screening procedures
• Increasing the number of immigration officers
• Implementing biometric screening for all foreign visitors
• Enhancing border security measures

Unauthorized Immigrants and Arriving Aliens

Unauthorized immigration continues to be a contentious issue in the US, and there have been several changes to immigration law aimed at addressing this issue. Some notable changes include:

• Increased enforcement of immigration laws, including more deportations
• Changes to the Deferred Action for Childhood Arrivals (DACA) program
• Changes to the Temporary Protected Status (TPS) program
• Changes to asylum policies

Overall, these changes have made it more difficult for unauthorized immigrants to remain in the US, and have led to increased scrutiny of all immigrants. It is important for individuals and businesses to stay up-to-date on these changes to ensure compliance with immigration law.

Immigration Proceedings and Criminal Issues

Separation of Powers

When it comes to immigration proceedings and criminal issues, it is important to understand the concept of separation of powers. This principle ensures that each branch of government has its own unique responsibilities and powers, and that no single branch has too much control or influence over the others.

In the context of immigration law, separation of powers means that the executive branch (which includes the Department of Homeland Security and Immigration and Customs Enforcement) is responsible for enforcing immigration laws, while the judicial branch (which includes immigration courts and the Board of Immigration Appeals) is responsible for interpreting and applying those laws.

Yick Wo and Equal Protection

Another important concept to consider in the context of immigration proceedings and criminal issues is equal protection. This principle requires that all individuals be treated equally under the law, regardless of their race, ethnicity, or other personal characteristics.

One landmark case that helped to establish the principle of equal protection is Yick Wo v. Hopkins, which involved a Chinese laundry owner who was denied a permit to operate his business in San Francisco due to discriminatory policies. The Supreme Court ruled that the city’s actions violated the Fourteenth Amendment’s guarantee of equal protection under the law.

In the context of immigration law, equal protection means that all individuals must be afforded the same rights and protections, regardless of their immigration status or other personal characteristics. This includes the right to due process and the right to be free from discrimination.

By understanding these principles of separation of powers and equal protection, we can better navigate the complex landscape of immigration proceedings and criminal issues.

Role of the Attorney General

Petitions for Review

We, as attorneys, play a crucial role in the process of filing petitions for review. Petitions for review are filed to challenge a final order of removal, deportation, or exclusion made by the Board of Immigration Appeals (BIA) or an Immigration Judge (IJ). As attorneys, we can file a petition for review on behalf of our clients who have been affected by these orders.

Independent Research

As attorneys, we also have the responsibility to conduct independent research on behalf of our clients. We must stay up to date with the latest legal updates and changes to immigration law, as well as familiarize ourselves with common immigration law terms. This allows us to provide the best possible legal representation to our clients.

That’s it for this section.

Specific Regulations and Laws

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VAWA and E Visas

In addition to the common immigration law terms, there are some specific regulations and laws that are important to understand. One such law is the Violence Against Women Act (VAWA), which provides protection to victims of domestic violence, including those who are not U.S. citizens. This law allows victims to self-petition for permanent residency, without the need for a U.S. citizen or permanent resident sponsor.

Another important law to be aware of is the E visa program, which allows foreign nationals from certain countries to enter the U.S. for the purpose of conducting business. This program includes the E-1 treaty trader visa and the E-2 treaty investor visa.

Prevailing Wage and Country Conditions

Employers who sponsor foreign workers for visas must pay them a prevailing wage, which is determined by the Department of Labor. This wage must be at least equal to the wage paid to similarly employed U.S. workers.

In addition, country conditions can play a role in the immigration process. For example, if a country is experiencing political turmoil or violence, it may be more difficult for its citizens to obtain visas to enter the U.S.

Overall, it is important to stay up-to-date on legal updates and changes to immigration law, as they can have a significant impact on the immigration process.