U.S. immigration: Increasing impact of policy shifts - Part 1
The most recent major immigration reforms enacted in the U.S. include the Immigration Reform and Control Act of 1986 (under President Ronald Reagan), the Immigration Act of 1990 (under President George H.W. Bush) and the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA, under President Bill Clint on) . Since then, President George W. Bush's administration (2001-2009) saw both the "Comprehensive Immigration Reform Act" of 2006 and the " Comprehensive Immigration Reform Act " of 2007 proposed, neither of which were passed into law. President Barack Obama (serving from 2009-2017) took a second crack at major immigration reform, with the failed "Border Security, Economic Opportunity, and Immigration Modernization Act" of 2013.
Policy as new 'law of the land'
Despite judicial challenges, if a president is determined to implement a policy through executive action, it can be hard to derail that train. This truth has been on full display with the executive actions in recent years restricting U.S. entries by individuals from certain countries, based on national security concerns - which have been announced, challenged, rewritten, revoked and replaced by Trump multiple times.
The president signed related executive orders in January 2017, March 2017 and September 2017. Each of these orders was challenged in the country's court system, with the first two being struck down, appealed and replaced by revised orders. The final (September 2017) version made its way to the U.S. Supreme Court, which upheld the order in June 2018. In January 2020, Trump expanded the scope of the restrictions under this order, by issuing a proclamation placing visa and entry
This is the first of a two-part series.
Elizabeth M. Klarin, partner with Lippes Mathias Wexler Friedman LLP, has more than 15 years of immigration experience assisting clients with the full spectrum of U.S. immigration matters. She represents clients from around the globe across virtually every industry, as well as individuals seeking strategic immigration options and solutions.
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
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