US Immigration Law refers to a set of laws and regulations that govern entry, residence, citizenship and naturalization for noncitizens into the US. Under Article 1, Congress is given broad powers to regulate these issues – with Supreme Court precedent upholding this jurisdiction over laws restricting noncitizens’ rights to enter and reside here – including deportation processes.
As early as 1798, Congress began passing laws to limit immigration. They granted President John Adams authority to imprison or deport aliens who threatened “peace and safety” (Alien Friends Act), were citizens of nations with which America was at war (Enemy Alien Act) or had used their immigrant status without legal authority (Naturalization Act). Furthermore, Congress implemented a head tax on immigrants, limited land ownership only among citizens, and prohibited polygamy.
Immigration policy has long been a contentious political issue. While courts have generally respected Congress’ exclusive political authority to control immigration matters, and limited judicial review of federal statutes according to their constitutionality or other laws. Some court decisions have found certain government policies unconstitutional or violative of the Fifth Amendment, including laws restricting access to welfare benefits or prohibiting immigrants from marrying certain relatives before applying for visas, as well as requirements that employers report employees’ work statuses to state agencies.
Since the start of President Biden’s administration, an increasing percentage of immigration cases have been closed successfully, providing relief to noncitizens seeking to remain in America. In 2021 and 2022, the proportion of cases increased three-fold compared to their numbers during Obama’s final years in office. This increase was driven by a dramatic rise in judge-ordered terminations, which are typically made when the government fails to demonstrate that a noncitizen is deportable. TRAC reported earlier this year on an unusually high number of asylum terminations and increases in cases terminated where it had not been proven that noncitizens committed fraud or made materially misrepresentations when initially admitted into the United States.
To foster economic growth and support families, this bill improves access to employment-based green cards; clears visa backlogs; recaptures unused visas and reduces wait times; eliminates per-country visa caps; expands protections for U visa, T visa, VAWA applicants; provide dependent children of H-1B visa holders work authorization without “aging out”, while offering asylum seekers assistance and increasing protections for beneficiaries who assist military or national security missions abroad.
To address the crisis at our border, this bill provides funding to upgrade physical infrastructure, creates a Border Community Stakeholder Advisory Committee, and expands training and ongoing professional development opportunities for agents and officers working on the frontlines. Furthermore, DHS must assess how state or local laws restricting construction of barriers near our borders impact construction efforts, with waivers approved to speed these projects forward.
