Batson Nolan explains more on authority over immigration.
Due to President Trump’s order to end the Deferred Action for Childhood Arrivals (“DACA”), there has been significant discussion about immigration issues. However, there is some confusion regarding these laws and how the branches of government share authority in this area.
This is almost totally controlled by the federal government, and federal laws preempt state laws regarding the same. The United States Congress makes these laws, which are included in the Immigration Nationality Act (INA). The INA includes the different types of visas that can be obtained, grounds for deportation, and the requirements to become a citizen.
Although Congress has legislative control over immigration, it provides authority to agencies under Department of Homeland Security to promulgate rules and regulations in this area. These include the United States Immigration and Citizenship Services (USCIS) and the Immigration Customs Enforcement (ICE). Through authority given by Congress, the aforementioned agencies are permitted to fill in the gaps and provide additional guidance regarding these laws.
In order to challenge a decision of USCIS or ICE, traditional civil courts are not available. Rather, any issues with these decisions must be filed with special immigration courts created by Congress to make decisions regarding these issues. Any appeals are submitted to the Board of Immigration Appeals (BIA), and the final decision making court is the United States Supreme Court. Immigration matters, including deportation decisions, are not required to be filed in a traditional civil court, because the Supreme Court has previously held deportation is not a punishment. Thus, Fifth Amendment due process rights do not apply.
There are a variety of visas that are available to immigrants, both temporary and permanent. It is difficult to get a permanent visa absent certain circumstances, and becoming a citizen can be even more complex. The process can also be very expensive. In order to ensure that all the INA’s requirements are met and to understand the laws, it is best to have an attorney to assist you.
For more questions on these laws, please contact an experienced Batson Nolan attorney. With hundreds of years of combined legal experience at Batson Nolan PLC, we are committed to our clients. Do not hesitate to call in for a free initial consultation.