Navigating the Complexities of Immigration Law
Immigration law covers the rules and procedures for moving to a new country. It defines U.S. citizenship, permanent residence, non-immigrant categories, and refugee status. The current system is far too restrictive overall. It micromanages nationalities, creates quotas, and keeps immigrants waiting in line for decades. It also relies on workarounds and safety valves that don't address the underlying issues.
Family-Based Immigration
Employment-Based Immigration
Immigration to the United States occurs through a wide variety of pathways, but the vast majority of them require sponsorship by a family member or employer. The immigration system offers both permanent and temporary visas based on an alphabet soup of categories, each with its own eligibility requirements and subject to different numerical caps.
The most common employment-based visa is the green card, which grants lawful permanent residence. It is awarded through a process called PERM, which tests the labor market to ensure that no qualified U.S. worker can fill the position.
Other employment-based categories include specialized workers, such as scientists, engineers, or computer professionals; professionals with advanced degrees; and multinational managers or executives. The government also grants asylum and refugee status to people who cannot return home because they fear persecution on account of their race, religion, nationality, membership in a particular social group, political opinion, or mental or physical disability. Asylum and refugee admissions are based on a vetting and resettlement process.
Refugees and Asylees
People who flee their countries because of fear of persecution are often granted asylum. This is a separate process from refugee resettlement, which occurs after the refugee has been screened for entry through the U.S. Refugee Admissions Program and been granted refugee status. Refugees who are admitted to the United States become asylees, and can apply for a green card after one year, and citizenship four years later.
Those seeking asylum in the United States must meet international law definitions of refugees and be able to demonstrate that they have a “well-founded fear” that they will be persecuted in their home country because of race, religion, nationality, membership in a social group or political opinion. This standard differs from that applied to those seeking withholding of deportation, for which a clear probability of harm is required. Those applying for asylum can submit what is called an affirmative application with U.S. Citizenship and Immigration Services (USCIS) or, if already in removal proceedings, can file a defensive asylum claim in court.
Illegal Immigration
The term illegal immigration refers to the presence of foreign nationals in the United States in violation of federal or state law. Illegal immigrants are a threat to public safety and have been linked to crime. They also impose significant fiscal burdens on local governments through their taxes and public services use.
The United States government has instituted policies that have aimed to reduce the number of illegal immigrants in the country. These include the Migrant Protection Protocol, in which CBP returns migrants encountered at the Southwest border to Mexico while they await the duration of their immigration proceedings in the United States. The Trump administration has also implemented a policy of prosecutorial discretion, in which certain groups are left alone so that authorities can concentrate on those who pose a threat to society.
The number of unauthorized immigrants has increased in recent years, reflecting interlocking factors such as political repression, favorable perceptions of U.S. labor demand, and rising global travel. The majority of these immigrants are Mexicans.
