Primer on U.S. Immigration Policy (CRS Report for Congress)
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| Release Date |
Revised July 1, 2021 |
| Report Number |
R45020 |
| Report Type |
Report |
| Authors |
William A. Kandel |
| Source Agency |
Congressional Research Service |
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Summary:
U.S. immigration policy is governed largely by the Immigration and Nationality Act (INA),
which was first codified in 1952 and has been amended significantly several times since. At a
fundamental level, U.S. immigration policy can be viewed as two sides of a coin. One side
emphasizes the faciliation of migration flows into the United States according to principles of
admission that are based upon national interest. These broad principles currently include family
reunification, labor market contribution, humanitarian assistance, and origin-country diversity.
The United States has long distinguished permanent immigration from temporary migration.
Permanent immigration occurs through family and employer-sponsored categories, the diversity
immigrant visa lottery, and refugee and asylee admissions. Temporary migration occurs through
the admission of visitors for specific purposes and limited periods of time, and encompasses two
dozen categories of visitors, including foreign tourists, students, temporary workers, and
diplomats.
The other side of the immigration policy coin emphasizes the restriction of entry to and removal
of persons from the United States who lack authorization to reside in the country, are identified as
criminal aliens, or whose presence in the United States is not considered to be in the national
interest. Such immigration enforcement is broadly divided between border enforcement—at and
between ports of entry—and other enforcement tasks including detention, removal, worksite
enforcement, and combatting immigration fraud.
The dual role of U.S. immigration policy creates challenges for balancing major policy priorities,
such as ensuring national security, facilitating trade and commerce, protecting public safety, and
fostering international cooperation.
