The Immigration and Nationality Act (INA) is a federal law and basic act that relates to overarching immigration law. Before this act was implemented, many different statutes were governed under a broader umbrella but not consolidated into one single resource. Since its initial enactment in 1952, the INA has been amended over the years and contains many essential provisions governing modern immigration law.
In modern times, the Immigration and Nationality Act covers nearly every immigration issue. That means that not only does this act prohibit employers from hiring undocumented workers knowingly, but it also ensures that businesses cannot discriminate against job candidates based solely on immigration status. Additionally, this act requires employers to verify the identity and eligibility of potential candidates as designated by IRS Form I-9 before a job offer can be extended.
Why was the Immigration and Nationality Act Created?
Originally known as the McCarran-Walker Act, the INA was enacted in 1952 to consolidate all immigration laws into one body. President Truman has reservations about the INA because of other pressing decisions that had to be made, including keeping a quota system for national origins and also designating special quotas for Asian countries based on race. For these reasons, he vetoed the act because he felt it was discriminatory; however, this was eventually overturned by Congress.
While many changes have been made to the INA over time, the core of this act remains the same and provides a foundation for the United States’ immigration laws. And, although many earlier immigration policies were included in the Immigration and Nationality Act of 1952, many new policy changes were also required to update the unique areas where procedure wasn’t defined. Some of these policy changes included in the initial implementation of the INA included:
- The Elimination of Gender or Racial Restrictions
- Allowing Selective Immigration to Immigrants with Certain Skills, American Family Members and Other Quota Preferences
- The Readjustment of Quota Formulas Used to Restrict Immigrants from Certain Countries
- The Creation of a Reporting System for Immigrants to Report to INS Annually
- The Development of a Centralized Index for use by Enforcement and Security Agencies
- Expanding the United States to Include Incorporated Territories, including the Virgin Islands, Puerto Rico and Guam
Because immigration has been a hot topic in recent years, the INA and related policies can often change at an alarming rate. For this reason, it is crucial to work with an experienced immigration law attorney to ensure all requirements are fulfilled and the chances of denial are limited whenever possible. Misgina & Associates, PLLC. understands these unique challenges, having completed the immigration process ourselves successfully.