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Immigration Law Changes and Court Rulings

Immigration law in the US and Europe: asylum precedents, TPS rulings, ICE detention, national foreigners laws, residence permits and citizenship by descent.

8 articles tagged immigration law

Articles tagged “immigration law”

How immigration law works in the US and Europe

In the United States, immigration law rests mainly on the Immigration and Nationality Act of 1952, amended many times since, together with federal regulations and court decisions. Applications for benefits go to USCIS, while ICE and CBP handle enforcement; removal and asylum cases in court are heard by immigration judges within the Justice Department's EOIR. Precedent decisions of the Board of Immigration Appeals bind those judges, and federal circuit courts can review them.

Respondents in removal proceedings may be represented by a lawyer, but at no expense to the government, so there is no public defender as in criminal cases. Only attorneys licensed by a state bar and DOJ-accredited representatives of recognized organizations may give legal advice on immigration matters; notarios and visa consultants may not.

In Europe, immigration law combines EU directives with each country's own foreigners act, such as Portugal's Lei n.º 23/2007, which sets the rules for residence permits and renewals. Citizenship stays a national matter, so whether descent from former citizens is enough to restore it depends on each state's nationality law.