Index/Topics/Immigration and Nationality Act

Immigration and Nationality Act

A U.S. federal law that governs immigration and nationality.

Fact-Checks

21 results
Jan 13, 2026
Most Viewed

Which federal laws govern ICE operations on tribal lands and how have courts ruled on tribal sovereignty?

Federal law governing ICE activity on tribal lands is a patchwork of immigration statutes, longstanding treaties, congressional statutes like Public Law 280, executive-branch directives, and Departmen...

Jan 14, 2026
Most Viewed

Does ICE work with border patrol to find immigrants?

Yes — ICE and the U.S. Border Patrol (part of Customs and Border Protection, CBP) are separate agencies under the Department of Homeland Security but they routinely work together and share enforcement...

Jan 14, 2026
Most Viewed

When are noncitizens legally required to carry immigration documents and what statutes mandate it?

Federal immigration law requires many noncitizens to register with the U.S. government and—if they are subject to the carry rule—to carry proof of that registration or their alien-registration documen...

Jan 16, 2026

What legal authorities grant ICE agents their arrest and deportation powers?

The statutory backbone for ICE’s power to arrest and detain noncitizens is found primarily in the Immigration and Nationality Act and its implementing statutes—most notably 8 U.S.C. §§ 1226 and 1357—w...

Jan 30, 2026

How have recent executive policies on expedited removal and third‑country deportations been litigated in district courts since 2024?

since 2024 have been a frontline check on the -to--era executive push to speed deportations: judges across several jurisdictions have issued injunctions and rulings that block or limit expansions of a...

Jan 14, 2026

Are there annual country-specific per-country limits for U.S. immigrant visas and what are they?

The U.S. immigration system imposes per-country ceilings that generally limit immigrant visas from any single country to seven percent of certain annual visa pools, with specific percentages and excep...

Jan 28, 2026

What were the legal challenges to the June 2024 proclamation and interim final rule restricting asylum at the southern border?

The June 3–5, 2024 and matching / interim final rule (IFR) triggered immediate lawsuits arguing the measures unlawfully bar asylum for people who cross between ports of entry, exceed presidential stat...

Jan 28, 2026

How have federal circuits differed in treating ICE administrative warrants for arrests, and which circuits are most likely to produce a split warranting Supreme Court review?

Federal trial judges in , and elsewhere have pushed back against ’s use of internal “administrative” warrants to enter homes, issuing orders that such entries require judicial warrants and even summar...

Jan 25, 2026

Why is immigration capped at 675000?

The cap on annual lawful permanent immigration is a statutory limit written into the as amended in 1990 and remains the baseline ceiling used by federal agencies to allocate family‑, employment‑, and ...

Jan 12, 2026

What legal standards and evidence are required to prove marriage fraud or familial relationships in immigration investigations?

US immigration authorities apply a heightened evidentiary standard—“substantial and probative evidence”—to find marriage fraud, a threshold courts and the Board of Immigration Appeals describe as more...

Feb 5, 2026

how is wrongful detention by ICE determined

is determined through a mix of documentary review, administrative processes and court oversight: officials compare identity and status records to legal standards (including mandatory detention categor...

Feb 2, 2026

What historical agencies and statutes provided the legal authorities now exercised by ICE?

The legal authorities now exercised by ) are the product of centuries of customs and immigration law, consolidated through mid‑20th century statutes like the and finally reorganized under the post‑9/1...

Feb 2, 2026

What legislative changes would clarify whether administrative arrest warrants satisfy Fourth Amendment requirements for home entries?

ional ambiguity about whether (Forms I-205/I-210) authorize forcible home entry has been thrust into the spotlight by a recent memo and whistleblower disclosures that instruct agents to use those admi...

Jan 26, 2026

How have courts interpreted “obstruction of justice” in immigration aggravated-felony determinations after Pugin v. Garland?

in held that an offense may qualify as “relating to obstruction of justice” for the ’s aggravated-felony bar even if the crime does not require a pending investigation or proceeding, resolving a circu...

Jan 24, 2026

What are the main grounds for removal under INA for non-criminal noncitizens?

The (INA) authorizes removal of noncitizens on multiple non-criminal grounds, principally inadmissibility at entry or adjustment, immigration status violations (including unlawful presence and visa ov...

Jan 21, 2026

What legal authority allows or limits local police from participating in ICE residential raids?

in residential raids is governed by a mix of federal statutes that enable cooperation, state and local laws that can restrict it, and written agreements that deputize local officers—most notably 8 U.S...

Jan 20, 2026

How do state laws treat undocumented immigrants differently from federal immigration law?

State laws treat undocumented immigrants differently from federal immigration law by operating in a complementary but sometimes adversarial sphere: federal law governs status, admission, removal, and ...

Jan 19, 2026

What legal safeguards and review processes exist to prevent the deportation of U.S. citizens?

A web of constitutional protections, statutory rules, and administrative review mechanisms is designed to prevent the deportation of U.S. citizens and to catch government errors before they result in ...

Jan 18, 2026

What is 'derivation of citizenship' under U.S. immigration law and how has it been used in past congressional eligibility challenges?

Derivation of citizenship is the statutory mechanism by which a child born abroad or as a minor can automatically acquire U.S. citizenship through the naturalization or status of a parent rather than ...

Jan 16, 2026

What is the ICE 16001.2 policy on assessing U.S. citizenship and where can the full text be read?

The ICE Directive 16001.2 is a formal agency policy requiring ICE officers, agents and attorneys to immediately and carefully investigate and analyze any indication that an individual encountered by I...