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[edit]
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 legislation regarding immigration.[1] The Fourteenth Amendment to the Constitution grants birthright citizenship through the Citizenship Clause. Historically, immigration to the United States has been regulated through a series of Naturalization Acts and Immigration Acts.
Since 2003, the Department of Homeland Security has been responsible for carrying out immigration policy in the United States, and the department has three agencies that oversee immigration. Customs and Border Protection is responsible for border control. The Immigration and Customs Enforcement is responsible for law enforcement around national borders and enforcement of laws against illegal immigration. The Citizenship and Immigration Services are responsible for processing legal immigration and naturalization.[2] Other agencies involved in immigration policy include the Executive Office for Immigration Review in the Department of Justice and the Office of Refugee Resettlement in the Department of Health and Human Services.