WASHINGTON, DC – As the presidential elections in the United States approach, the issue of immigration always comes to the forefront. Risch Law Firm will explain how the issue is handled and who can really change or create new immigration laws in the country.

Immigration policies in the United States have been a subject of heated and ongoing debate. With a history of diverse and complex immigration, the country faces constant challenges regarding the formulation and implementation of laws governing the entry, stay, and status of immigrants. This article aims to clarify who the key actors responsible for immigration policies in the US are and who holds the power to change these laws.

Responsibilities of Immigration Policies:

1. Federal Government: The primary responsibility for the formulation and execution of immigration policies lies with the federal government of the US. This includes the President, Congress, and various government agencies such as the Department of Homeland Security (DHS), the Department of State, and the Department of Justice.
2. Executive Branch (President): The President plays a crucial role in shaping immigration policies through executive orders, administrative decisions, and diplomatic actions. For example, the Deferred Action for Childhood Arrivals (DACA), a policy that protects certain undocumented immigrants who arrived in the US as children, was implemented through an executive order by President Obama in 2012.
3. Legislative Branch (Congress): The US Congress has the constitutional authority to create and approve immigration laws. This includes laws that determine eligibility criteria for visas, naturalization procedures, and refugee policies. However, comprehensive immigration legislation has notoriously been difficult to pass due to party divisions and the complexity of the issue.
4. Government Agencies: The DHS, the Department of State, and other agencies play specific roles in enforcing immigration laws. For example, the United States Citizenship and Immigration Services (USCIS) processes immigrant petitions, while the Customs and Border Protection (CBP) controls entry at the borders.

Who Can Change Immigration Laws?

1. President: While the President can implement significant changes to immigration policies through executive orders, lasting and comprehensive changes usually require action from Congress.
2. Congress: Congress holds the primary legislative power to reform immigration laws. However, due to the controversial political nature of the issue, reaching a consensus on comprehensive reforms has been a significant challenge.
3. Courts: Federal courts have played an important role in interpreting and reviewing immigration policies. Judicial decisions can influence the implementation and constitutionality of immigration laws.
4. Public Opinion and Lobbying Groups: Public opinion and pressure from interest groups play a crucial role in shaping the political agenda and adopting changes in immigration policies. Protests, advocacy campaigns, and electoral mobilization can influence political leaders to take action on immigration.

Immigration policies in the United States are shaped by a complex interaction of political actors, including the President, Congress, government agencies, courts, and external influences. While the federal government has the primary responsibility for the formulation and execution of immigration laws, substantial changes often require coordinated action and compromise among multiple political actors and stakeholders. Understanding these dynamics is crucial for any meaningful discussion about the future of immigration policies in the US.