U.S. Immigration Policies
Legislation surrounding immigration has both positively and negatively impacted immigrant families for generations. For the United States in particular, immigration policy prioritizes family reunification, the admittance of immigrants who will contribute valuably to the economy, protection from deportation, and the increase and maintenance of national diversity. Immigrant contribution to the U.S. economy can be weighed in terms of an immigrant’s proficiency in certain skills and areas of work and/or the extent of their prior education. While the U.S. may have these policies in place to encourage immigration, established quotas still need to be met and cannot be exceeded. Thus, current U.S. immigration policy continues to affect families and local communities, whether it be through positive regulation or restrictive legislation.
The overarching law presiding over U.S. immigration policy is the Immigration and Nationality Act (INA), which allows the United States to grant a maximum of 675,000 immigrants permanent immigrant visas every year. After obtaining an immigrant visa and arriving in the U.S., an immigrant becomes a lawful permanent resident (LPR). LPRs can then apply for a vast majority of jobs (jobs that aren’t solely limited to U.S. citizens) and are able to permanently remain in the country, even if they are unemployed. After at least 5 years of residence in the U.S. (or 3 years if an immigrant is married to a U.S. citizen), LPRs are eligible to apply for citizenship. The INA sets no limit on the admission of immigrants under the age of 21 who are related/have some sort of direct connection to current U.S. citizens. This process towards achieving legal status in the United States positively impacts families by allowing them to remain together and contribute indelibly to their communities while under full protection of the law. On the contrary, the INA can negatively impact families due to the difference in relationships. For example, an immigrant may have an “indirect” relationship with a U.S. citizen, such as being a cousin or an aunt. This may result in varying waiting times for each person to achieve citizenship status, therefore disrupting both family and community demographics.
U.S. practices of family-based immigration largely stems from the nation’s principle of unifying, or reunifying, families who were previously separated. The system allows U.S. citizens and LPRs to bring certain family members to the country. An unlimited number of visas are available for immediate relatives of U.S. citizens (spouses, children under 21, parents), while a limited number are available for specific or distant family relationships with a U.S. citizen and some specified relationships with an LPR. In order to obtain these visas, “a U.S. citizen or LPR sponsor must petition for an individual relative, establish the legitimacy of the relationship, meet minimum income requirements, and sign an affidavit of support stating that the sponsor will be financially responsible for the family member(s) upon arrival in the United States or adjustment to LPR status within the United States.” Family-based immigration fosters the growth and diversity of communities and stimulates community integration and revitalization on a local and national level, which is why the system dictates such a significant part of U.S. immigration policy.
U.S. immigration policy operates under another system in addition to family-based immigration: employment-based immigration. This system provides temporary visa classifications that permit employers to sponsor foreign nationals for specific, temporary jobs that benefit the economy. These classifications are termed as “non-immigrant” visas, which are granted to tourists, foreign students, temporary workers, etc, with annual numerical caps for employment-based visas (workers) but none for other non-immigrant visas (tourists and students). Many temporary workers work only for the employer that petitioned for them and don’t have ample opportunity to change jobs. In addition, visa classifications vary in terms of eligibility requirements and how long workers stay. Finally, workers must leave the U.S. if/when their status expires and/or if their employment is terminated. In terms of permanent immigration for employment-based immigrants, an annual limit of 140,000 exists, which includes immigrants and their spouses and children. The economic contributions of immigrants and their families range from labor in manufacturing, agriculture, service, and more. These jobs in turn supply economic stability for families, but not without risk. Employers who initially sponsored their worker(s) have the power to determine their position and stay in the country; workers are always at risk of termination and thus deportation.
Further aspects of the INA and of U.S. immigration policy as a whole include per-country ceilings and the Diversity Visa Program. Per-country ceilings place limits on how many people from any country can immigrate to the United States. These limits are implemented by the INA to prevent any one immigrant group from a certain country from dominating immigration flows. The U.S.’s control over the percentage of people immigrating to the U.S. from foreign countries is an example of restrictive regulation, which can negatively affect the processes of family reunification and increasing diversity, discussed earlier. Along with per-country ceilings comes the Diversity Visa Program, created by the Immigration Act of 1990, for immigrants from countries with low U.S. immigration rates. 55,000 visas are randomly allocated through a computer-generated lottery and are distributed on a regional basis, particularly benefiting Africans and Eastern Europeans and their families.
The U.S. greatly values the protection of all immigrants, as shown by the establishment of Temporary Protected Status (TPS) and Deferred Enforced Departure (DED). TPS is granted to people in the U.S. who can’t return to their home countries because of “natural disaster, extraordinary temporary conditions, or ongoing armed conflict.” Similarly, DED protects individuals whose home countries are dangerous from deportation at the discretion of the executive branch.
In conclusion, U.S. immigration policy provides safety, protection, and community support for immigrants but doesn't immediately solve documentation and legal challenges that inevitably arise. Support networks and legal resources are in place to assist immigrants in their journey to the United States, but the impact felt across families and communities, positive and negative, fully depends on the social, economic, and cultural conditions of each individual immigrant.