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Immigration Policy Of The United States
Federal policy oversees and regulates immigration to the United States and citizenship of the United States. The United States Congress has authority over immigration policy in the United States, and it delegates enforcement to the Department of Homeland Security. Historically, the United States went through a period of loose immigration policy in the early-19th century followed by a period of strict immigration policy in the late-19th and early-20th centuries. Policy areas related to the immigration process include visa policy, asylum policy, and naturalization policy. Policy areas related to illegal immigration include deferral policy and removal policy. Policy development Article One of the United States Constitution directly empowers Congress to establish laws regarding naturalization. Supreme Court rulings such as '' Chae Chan Ping v. United States'' in 1889 and ''Fong Yue Ting v. United States'' in 1893 hold that the powers of Congress over foreign policy extend to leg ...
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Immigration To The United States
Immigration has been a major source of population growth and Culture of the United States, cultural change throughout much of the history of the United States. In absolute numbers, the United States has a larger immigrant population than any other country in the world, with 47 million immigrants as of 2015. This represents 19.1% of the 244 million international migrants worldwide, and 14.4% of the United States' population. According to the 2016 Yearbook of Immigration Statistics, the United States admitted a total of 1.18 million legal immigrants (618k new arrivals, 565k status adjustments) in 2016. Of these, 48% were the immediate relatives of United States citizens, 20% were family-sponsored, 13% were refugees or asylum seekers, 12% were employment-based preferences, 4.2% were part of the Diversity Immigrant Visa program, 1.4% were victims of a crime (U1) or their family members were (U2 to U5), and 1.0% who were granted the Special Immigrant Visa (SIV) for Iraqis and Af ...
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Birthright Citizenship In The United States
Birthright citizenship in the United States is United States citizenship acquired by a person automatically, by operation of law. This takes place in two situations: by virtue of the person's birth within United States territory or because one or both of their parents is (or was) a US citizen. Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization. Birthright citizenship is guaranteed to most people born on U.S. territory by the first part of the Citizenship Clause introduced by the Fourteenth Amendment to the United States Constitution (adopted July 9, 1868), which states: :"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside". The Amendment overrode the Supreme Court decision in ''Dred Scott v. Sandford'' (1857) that denied US citizenship to African Americans, whether born in the United States or not, and whether ...
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African Americans
African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of enslaved Africans who are from the United States. While some Black immigrants or their children may also come to identify as African-American, the majority of first generation immigrants do not, preferring to identify with their nation of origin. African Americans constitute the second largest racial group in the U.S. after White Americans, as well as the third largest ethnic group after Hispanic and Latino Americans. Most African Americans are descendants of enslaved people within the boundaries of the present United States. On average, African Americans are of West/ Central African with some European descent; some also have Native American and other ancestry. According to U.S. Census Bureau data, African immigrants generally do not se ...
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Civil Rights Act Of 1866
The Civil Rights Act of 1866 (, enacted April 9, 1866, reenacted 1870) was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the American Civil War, to protect the civil rights of persons of African descent born in or brought to the United States. Civil Rights Act of 1866 The Act was passed by Congress in 1866 and vetoed by United States President Andrew Johnson. In April 1866, Congress again passed the bill to support the Thirteenth Amendment, and Johnson again vetoed it, but a two-thirds majority in each chamber overrode the veto to allow it to become law without presidential signature. John Bingham and other congressmen argued that Congress did not yet have sufficient constitutional power to enact this law. Following passage of the Fourteenth Amendment in 1868, Congress ratified the 1866 Act in 1870. Primary objectives, introduction and amendment The act had thr ...
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Naturalization Act Of 1790
The Naturalization Act of 1790 (, enacted March 26, 1790) was a law of the United States Congress that set the first uniform rules for the granting of United States citizenship by naturalization. The law limited naturalization to "free White person(s) ... of good character", thus excluding Native Americans, indentured servants, slaves, free black people, and later Asians, although free black people were allowed citizenship at the state level in a number of states. The courts also associated whiteness with Christianity, and thus Muslim immigrants were also excluded from citizenship, until the decision ''Ex Parte Mohriez'' recognized citizenship for a Saudi Muslim man in 1944. The Act was modeled on the Plantation Act 1740 with respect to time, oath of allegiance, process of swearing before a judge, etc. Provisions There was a two-year residency requirement in the United States and one year in the state of residence before an alien would apply for citizenship, by filing a ...
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Open Border
An open border is a border that enables free movement of people (and often of goods) between jurisdictions with no restrictions on movement and is lacking substantive border control. A border may be an open border due to intentional legislation allowing free movement of people across the border (''de jure''), or a border may be an open border due to a lack of legal controls, a lack of adequate enforcement or adequate supervision of the border (''de facto''). An example of the former is the Schengen Agreement between most members of the European Economic Area (EFTA and the EU). An example of the latter has been the border between Bangladesh and India, which is becoming controlled. The term "open borders" applies only to the flow of people, not the flow of goods and services, and only to borders between political jurisdictions, not to mere boundaries of privately owned property. Open borders are the norm for borders between subdivisions within the boundaries of sovereign states, t ...
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United States Department Of Health And Human Services
The United States Department of Health and Human Services (HHS) is a cabinet-level executive branch department of the U.S. federal government created to protect the health of all Americans and providing essential human services. Its motto is "Improving the health, safety, and well-being of America". Before the separate federal Department of Education was created in 1979, it was called the Department of Health, Education, and Welfare (HEW). HHS is administered by the Secretary of Health and Human Services, who is appointed by the president with the advice and consent of the United States Senate. The position is currently held by Xavier Becerra. The United States Public Health Service Commissioned Corps, the uniformed service of the PHS, is led by the Surgeon General who is responsible for addressing matters concerning public health as authorized by the secretary or by the assistant secretary for Health in addition to his or her primary mission of administering the Commission ...
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Office Of Refugee Resettlement
The Office of Refugee Resettlement (ORR) is a program of the Administration for Children and Families, an office within the United States Department of Health and Human Services, created with the passing of the United States Refugee Act of 1980 (Public Law 96-212). The Office of Refugee Resettlement offers support for refugees seeking safe haven within the United States, including victims of human trafficking, those seeking asylum from persecution, survivors of torture and war, and unaccompanied alien children. The mission and purpose of the Office of Refugee Resettlement is to assist in the relocation process and provide needed services to individuals granted asylum within the United States. Since 1975, the United States has assisted in the resettlement of more than 3million refugees. Annual admissions of refugees to the United States since the 1980 Refugee Act was enacted have ranged from 27,100 to as many as 207,116. In Fiscal Year 2019, Refugee and Resettlement Assistance com ...
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United States Department Of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States. It is equivalent to the justice or interior ministries of other countries. The department is headed by the U.S. attorney general, who reports directly to the president of the United States and is a member of the president's Cabinet. The current attorney general is Merrick Garland, who was sworn in on March 11, 2021. The modern incarnation of the Justice Department was formed in 1870 during the Ulysses S. Grant presidency. The department comprises federal law enforcement agencies, including the Federal Bureau of Investigation, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Federal Bureau of Prisons. It also has eight major divisions of lawyers who rep ...
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Executive Office For Immigration Review
The Executive Office for Immigration Review (EOIR) is a sub-agency of the United States Department of Justice whose chief function is to conduct removal proceedings in immigration courts and adjudicate appeals arising from the proceedings. These administrative proceedings determine the removability and admissibility of individuals in the United States. , there were sixty-nine immigration courts throughout the United States. History and jurisdiction EOIR was created in 1983 by the Department of Justice (DOJ) as part of an internal reorganization. Prior to 1983, the functions performed by EOIR were divided among different agencies. The earliest version of a specialized immigration service was the Immigration and Naturalization Service (INS), created in 1933, in the Department of Labor. Seven years later, in 1940, the INS moved from Labor to its present location in the Department of Justice. Twelve years after moving to DOJ, in 1952, the Immigration and Nationality Act organized ...
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United States Citizenship And Immigration Services
U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalization Service (INS), which was dissolved by the Homeland Security Act of 2002 and replaced by three components within the DHS: USCIS, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP). USCIS performs many of the duties of the former INS, namely processing and adjudicating various immigration matters, including applications for work visas, asylum, and citizenship. Additionally, the agency is officially tasked with safeguarding national security, maintaining immigration case backlogs, and improving efficiency. Ur Jaddou has been the director of USCIS since August 3, 2021. Functions USCIS processes immigrant visa petitions, naturalization applications, asylum applications, applications for adjustment of status ...
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Border Control
Border control refers to measures taken by governments to monitor and regulate the movement of people, animals, and goods across land, air, and maritime borders. While border control is typically associated with international borders, it also encompasses controls imposed on internal borders within a single state. Border control measures serve a variety of purposes, ranging from enforcing customs, sanitary and phytosanitary, or biosecurity regulations to restricting migration. While some borders (including most states' internal borders and international borders within the Schengen Area) are open and completely unguarded, others (including the vast majority of borders between countries as well as some internal borders) are subject to some degree of control and may be crossed legally only at designated checkpoints. Border controls in the 21st century are tightly intertwined with intricate systems of travel documents, visas, and increasingly complex policies that vary betwe ...
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