Immigration law covers national statutes and legal precedents regarding a person’s eligibility to immigrate into or out of a country. It also governs the naturalization process, visas and other work authorizations.
Early legislation favored Europeans, but a sweeping law in 1870 스토킹변호사 opened citizenship to people of African descent. The law also changed the quota system.
Legal Issues
Immigration law is the national statutes, regulations and legal precedents that govern how people enter, stay and leave a country. It also encompasses laws concerning refugees, and the rights of individuals who seek asylum in another country because of war, natural disasters or other extraordinary conditions. The federal government is responsible for enforcing immigration laws, but it delegated some enforcement duties to state and local authorities. Those agencies are subject to the same laws and can detain or arrest immigrants as needed.
A series of laws have significantly impacted the way the United States handles immigration issues since 1986, when Congress passed the Immigration Reform and Control Act. The act imposed stricter border security measures and prioritized the enforcement of laws on hiring immigrants. It also capped refugee admissions, and it required employers to keep records of the immigration status of workers.
The recent passage of legislation such as New York’s Access to Representation Act can help to advance a movement toward a system that provides everyone facing deportation with the right to an attorney regardless of their ability to pay. This would mitigate the harms of a system that too often separates families and sunders communities, and it can also serve as the building blocks for a movement for a comprehensive change in immigration policy. Attorneys whose work involves immigration law must comply with a variety of ethical rules. For example, attorneys must carefully consider when they are engaging in multijurisdictional practice and how to handle out-of-state clients.
Quota System
A quota system is a mechanism for allocating visas among applicants from specific countries or categories. In the United States, these include family-sponsored immigrants, employment-based immigrants and diversity immigrants. The 1952 Immigration and Nationality Act slashed longstanding restrictions on Asian immigration, allotting each country a minimum quota of visas each year. These visas are then allotted to preference categories, which include immediate relatives of American citizens and highly skilled workers.
Quotas may be based on gender, race or religion. Those who oppose quotas argue that the use of quotas displaces qualified candidates who may not make the cut due to conventional criteria such as grade point average and test scores. Racial quotas in particular cause controversy because they often lead to discrimination against members of minority groups.
A well-known example of a quota system is the dairy quotas in Canada, which were designed to protect dairy producers from price fluctuations. This quota system caused controversy when it was revealed that the dairy industry had paid some judges to rule in their favor. The quota system also allowed the milk companies to avoid paying taxes in a number of cases. The quotas were eventually abolished in the wake of the scandal, which became known as buttergate. This case highlighted how complicated quota systems can be, especially when there are political considerations.
Deportation Procedures
In the United States, immigration law outlines deportation procedures. Noncitizens are removed if they violate specific statutory provisions of the Immigration and Nationality Act (INA). The INA indicates that certain crimes, including illegal entry or re-entry into the country, crimes of “moral character” and drug trafficking, are grounds for removal. However, people can also become removable under broader statutory grounds, such as lying about their identity or nationality in order to gain lawful status.
If ICE decides to remove an individual, they must first notify them with a “Notice to Appear” in immigration court. Individuals then have an opportunity to present evidence at a hearing before an immigration judge. At this hearing, the government presents its case and individuals have a chance to defend themselves.
Depending on the circumstances, the immigration judge may find that a person can remain in the country by finding one of several forms of relief from removal. These are usually found where the noncitizen can prove that their removal would cause “extreme hardship” to a qualifying U.S. citizen or permanent resident relative.
Additionally, the government may use its authority to “administratively close” a case or refer a matter for removal proceedings to the Board of Immigration Appeals and possibly the federal circuit courts and Supreme Court. This can allow a person to pursue other immigration benefits, such as adjustment of status, while being in removal proceedings.
Legal Advice
Immigration law involves complex paperwork and a constantly changing set of rules. The ABA recommends that future lawyers seeking to work in this field seek out a variety of opportunities to gain experience, including volunteering and taking relevant courses that can help them assess their interests in the career path. Law students can also find opportunities to gain hands-on experience in a legal clinic that specializes in immigration and refugee law.
Many non-profit organizations provide free or low cost legal services to immigrants. Some offer direct representation, while others engage paraprofessionals and law students under attorney supervision to represent clients. A number of organizations are accredited by the Department of Justice to handle immigration matters and can be found on this DOJ website. Consumers should be wary of paying money to anyone who is not an authorized legal service provider or recognized organization. Such consultants may not understand the law and could damage a case.
Having access to qualified counsel improves the chance that immigrants will receive meaningful hearings in immigration court, where the backlog of cases has reached record high levels, according to a Syracuse University report. It can also help reduce the amount of time it takes for people to complete their visa applications and obtain employment authorization.
While earnings for attorneys who specialize in immigration and refugee law are below the national average, many lawyers choose to work in this area because of their commitment to serve a vital public interest. They may take jobs with private law firms, or they can find positions with local, regional or national organizations such as Raices, Kids in Need of Defense or Catholic Charities Immigrant and Refugee Services.