Immigration and Nationality Act (INA)
Immigration and Nationality Act (INA, 1952; as amended)
1) Link to the Text of the Act
Read the statute (8 U.S.C. § 1101 et seq.)
2) Why It Was Done
The INA consolidated earlier immigration laws into a single framework, defining rules for immigration, naturalization, deportation, and asylum. It replaced the patchwork of 19th–early 20th century laws, including the Chinese Exclusion Acts and national origins quotas.
3) Pre-existing Law or Constitutional Rights
Before the INA, immigration law was governed by multiple acts (e.g., Immigration Act of 1924) that imposed discriminatory quotas. The INA unified and modernized U.S. immigration law.
4) Overreach or Proper Role?
Supporters saw it as a necessary modernization. Critics argue it gave sweeping power to the executive branch and has been used to implement controversial policies (detentions, deportations, bans).
5) Who or What It Controls
- Foreign nationals seeking entry, visas, or naturalization
- Immigration courts & DHS/USCIS (enforce and adjudicate immigration law)
- Employers (must comply with visa and work authorization rules)
- States & localities (indirectly impacted by federal immigration enforcement)
6) Key Sections / Citations
- 8 U.S.C. § 1151: Visa categories and quotas
- 8 U.S.C. § 1182: Grounds for inadmissibility
- 8 U.S.C. § 1227: Grounds for deportation
- 8 U.S.C. § 1324a: Employer sanctions for hiring unauthorized workers
7) Recent Changes or Live Controversies
- Major amendment: Immigration and Nationality Act of 1965 (Hart-Celler Act) ended national origins quotas
- Amended by Immigration Reform and Control Act (1986), IIRIRA (1996), Homeland Security Act (2002)
- Ongoing controversies: DACA, border security, asylum policies, and executive actions
8) Official Sources