Is Immigration Law State or Federal?
The United States has several landmark immigration laws, including the 1965 Immigration and Nationality Act (called the INA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996.
People hoping to come to the U.S. legally often wonder if immigration law is federal or state. The simplest answer is that immigration law is federal. That means that Congress passes immigration law, and the federal government is responsible for enforcement.
Immigration Law is Federal
Congress has passed immigration laws since 1790, determining who can become a citizen and who may legally stay in the country. Throughout our nation’s history, Congress has regularly updated these laws to reflect contemporary concerns. In some eras, like the 1920s, Congress has radically restricted immigration, while in other eras the government has encouraged migration from around the globe.
One of the earliest laws was the 1790 Naturalization Act, which established a uniform rule for becoming a naturalized citizen. Since then, Congress has passed many significant laws, including the INA.
Because immigration law is federal, it is uniform across the country. That means someone in Florida who is seeking an immigration benefit will navigate the same law as someone living in New Hampshire.
Federal agencies are also responsible for enforcing our country’s immigration laws. USCIS is the primary agency, but they also adopt various rules which help them with enforcement. These rules are almost as important as the laws passed by Congress.
State Law Can Matter, Too
Although the overarching immigration law is set at the federal level, state laws are sometimes implicated:
- Criminal convictions. Any criminal conviction can matter for immigration. If you want to become a citizen, then USCIS will analyze whether you have good moral character. Consequently, a state conviction can pose a barrier to obtaining various immigration benefits. When meeting with a lawyer, be sure to mention any state-level convictions.
- Family law obligations. This is another consideration, especially for those seeking to adjust their status or become a U.S. citizen. You will need to meet all family law obligations, including child support and alimony. Falling behind or outright refusing to pay could cast doubt on your moral character.
- Civil proceedings. Some civil lawsuits could matter when it comes to federal immigration law. For example, you might be sued for fraud, sexual abuse, money laundering, or other tortious conduct.
Immigration law is so complex because it interacts with both state and federal laws. Reach out to an established law firm like The Law Office of Jason M. Sullivan, PLLC to discuss your situation.
How to Find the Right Lawyer for Your Immigration Matter
Anyone seeking a visa or green card should only work with an established attorney who can help with immigration problem solving. At our firm, we help clients with a range of matters, including:
- Family-based green cards
- Marriage-based green cards
- Fiancé visas
- Adjustment of Status
- Removal of Conditions
Lawyers increasingly use Zoom and other technologies to speak with clients in different areas of the country and across the globe. What matters is a lawyer’s experience and familiarity with current immigration law, which changes daily.
Schedule Your Consultation Today
A Portsmouth, New Hampshire or Miami, Florida immigration attorney is standing by to help. We excel at immigration problem solving and strategic planning.
Source:
migrationpolicy.org/sites/default/files/publications/CIR-1790Timeline.pdf