Immigration and Nationality Act Overview
Introduction
The Immigration and Nationality Act (INA) , codified at 8 USC §§ 1101-1537, is the foundational statute of United States immigration law. Originally enacted as the Immigration and Nationality Act of 1952, the INA has been amended numerous times to establish the current framework for immigration, naturalization, and nationality. The INA governs the admission, removal, and rights of noncitizens in the United States.
Structure of the INA
The INA is organized into titles covering: general provisions and definitions (Title I); immigration (Title II); nationality and naturalization (Title III); refugee assistance (Title IV); and alien terrorist removal procedures (Title V). The statute is complex, with over 200 sections addressing various aspects of immigration and nationality.
The INA establishes the basic framework for immigrant and nonimmigrant admissions. Immigrants are persons admitted for lawful permanent residence. Nonimmigrants are persons admitted for a temporary period and specific purpose. The INA also governs removal proceedings, asylum, and citizenship.
The Preference System
The INA establishes a preference system for family-sponsored and employment-based immigration. Family-sponsored preferences include unmarried adult children of citizens, spouses and children of permanent residents, married children of citizens, and siblings of adult citizens. Employment-based preferences include priority workers, professionals with advanced degrees, skilled workers, and certain special immigrants.
The INA also establishes the diversity visa lottery program, which makes up to 55,000 immigrant visas available annually to nationals of countries with low rates of immigration.
Enforcement Provisions
The INA provides the legal basis for immigration enforcement, including the grounds of inadmissibility and removability, the removal process, and the authority of the Department of Homeland Security. The INA also defines criminal penalties for immigration violations, including illegal entry, smuggling, and document fraud.
Conclusion
The INA is the comprehensive federal statute governing immigration and nationality in the United States. The statute establishes the preference system for admission, the grounds for inadmissibility and removal, the asylum framework, and the path to citizenship. The INA has been amended extensively over its history and continues to evolve through legislation and administrative action.