What Is the Current Law on Immigration in the United States 2025
- Sonya Peterkin, Esq.

- 7 days ago
- 8 min read
The main rule is the Immigration and Nationality Act (INA). The U.S. Congress passed this federal law long ago. It is the basic rulebook for everything. The INA covers visas and becoming a Lawful Permanent Resident (Green Card Holder). The Department of Homeland Security (DHS) uses this law. We will look at this key system together now.

The Foundation: The Immigration and Nationality Act (INA)
I felt lost when I first read the Immigration and Nationality Act. It is a very long text! This law is the core of what is the current federal law on immigration. It is the whole blueprint. The U.S. Congress passed the INA in 1952. This act put many older laws into one place. The INA is the main source of U.S. immigration law.
Why the INA is the Rulebook
The INA has many major jobs. They touch all parts of Immigration Policy of the United States. First, the INA creates all visa types. This covers visas for families, workers, and aid. The INA sets rules for becoming a Lawful Permanent Resident (Green Card Holder). The INA creates all visa types and defines permanent status.
Second, the INA says what is "lawful" or "unlawful" presence. It sets rules for legal immigration and illegal immigration. This difference is key to knowing the whole system.
Third, the INA gives power to federal groups. The INA tells the Department of Homeland Security (DHS) and groups like USCIS what they must do. The INA gives power to agencies to carry out the law.
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The Lawmaker and the Enforcers
Think of the INA as a link between lawmakers and enforcers. U.S. Congress can change the INA. They create or change laws. The DHS must follow those rules. When you send in an application, USCIS checks it based on the INA rules. This shows the system is all connected. (Read more about how the INA shapes current visa policy next.) The INA links Congress's power to DHS enforcement.
The Role of U.S. Congress and Federal Agencies
We just talked about the Immigration and Nationality Act (INA) as the rulebook. Now, we must ask: who makes sure the rules are followed? The answer involves several key players. It's a chain of command that starts with the lawmakers and ends with the people at the border.
A. U.S. Congress – Creating Immigration Law
The U.S. Congress holds all the power to create laws. If people want to change what is the current law on immigration, they must ask Congress. They pass new laws or amend the INA itself. For example, debates about things like the DREAM Act show Congress at work. Congress is the legislative body that creates and updates federal immigration law.
This is a key difference: Congress creates the law, but agencies carry it out. When I talk to clients, I stress this point. It helps them see that the rules come from elected officials. The agencies must then enforce those rules as written.
B. The Department of Homeland Security (DHS)
The Department of Homeland Security (DHS) is the main group that enforces the law. You can think of DHS as the big umbrella for all immigration actions. Its job is to manage security and legal processes. The DHS is the umbrella federal agency responsible for enforcing the Immigration and Nationality Act.
DHS has three main groups under it that deal with people:
USCIS (United States Citizenship and Immigration Services): This group handles applications for legal status. If you want a green card or citizenship, you deal with USCIS. They manage the lawful immigration process. USCIS manages applications for lawful status like green cards.
Customs and Border Protection (CBP): CBP controls entry points like airports and land borders. Their staff decide if a person or goods can enter the U.S. They are the frontline for enforcing what is the current law on illegal immigration at the border. CBP manages border entry and security.
(Optional mention: ICE is another part of DHS. It handles enforcement inside the country.)
This setup shows a direct path: INA (The Law) $\leftrightarrow$ Congress (Makes the Law) $\leftrightarrow$ DHS (Oversees Enforcement) $\leftrightarrow$ USCIS and CBP (Carries out the Law). This connection is what makes the whole system work.
Lawful Immigration Pathways: Legal Status and Entry
Now that we know who makes and enforces the law, let's look at the legal ways people come here. The Immigration and Nationality Act (INA) sets out many different doors. The two main goals are getting permanent residency or finding safe harbor.
A. Lawful Permanent Residency (Green Card)
The most common goal is becoming a Lawful Permanent Resident. We call this a Green Card. This status lets a person live and work here for good. There are three main ways to get this status. You can qualify through family, through a job, or through a special humanitarian need. A Lawful Permanent Resident (LPR) can live and work permanently in the U.S.
When I help someone apply for a Green Card, I see the hope in their eyes. But I also see the responsibility. As an LPR, you must follow all laws and file taxes. You can leave the U.S. and return, but you must keep your status active. These duties are just as important as the rights you gain.
Contact: Trusted Green Card Immigration Lawyer
B. U.S. Refugee Admissions Program (USRAP) & Asylum
The U.S. also offers aid to those in danger. This is a key part of what is the current federal law on immigration. The main ways are through Asylum and Refugee Status. People often confuse the two. Asylum is for a person already in the U.S. or at a port of entry. The U.S. Refugee Admissions Program (USRAP) is for people applying from outside the U.S. Refugee status is applied for abroad, while Asylum is sought from within the U.S. or at the border.
We also have Temporary Protected Status (TPS). TPS is a special status that the Department of Homeland Security (DHS) grants to certain groups. This happens when a country faces a crisis like war or natural disaster. While TPS gives people the right to stay and work safely for a time, it is not a direct path to a Green Card. These humanitarian paths show that Immigration Policy of the United States is about more than just economics.
Unlawful Immigration and Border Enforcement
We just looked at the paths for lawful immigration. But what happens when people enter or stay without permission? This is where the enforcement groups step in. The Department of Homeland Security (DHS) and Customs and Border Protection (CBP) handle this area.
The main rule for enforcement is still the Immigration and Nationality Act (INA). The INA details what is the current law on illegal immigration. Many people get two terms wrong. Unlawful presence is a civil issue. This means staying after a visa ends. Illegal entry is a criminal issue. This means crossing the border without permission. The INA defines unlawful presence as civil and illegal entry as criminal.
The border is CBP's key work site. Their job keeps the country safe. People sometimes ask for Asylum and Refugee Status right at the border. This presents a hard choice. The law must mix border control with helping those in need. This side of Immigration Policy of the United States is often a topic of talk.
The Immigration Policy of the United States: Balancing Security, Economy, and Humanity
We have seen how the Immigration and Nationality Act (INA) works as the law. But Immigration Policy of the United States is a larger idea. Think of it as the whole system. Policy joins the laws, the actions of the agencies, and the humanitarian efforts. Policy is much more than rules on paper. It aims to balance three major needs that shape what is the current federal law on immigration.
The Three Policy Pillars
The first big need is security. This is why the Department of Homeland Security (DHS) and CBP are so vital. They work to keep the borders and the country safe. The second need is the economy. Many paths for Lawful Permanent Resident status exist to meet U.S. job needs. This is about what the country needs for growth. The third need is humanity. Programs like Asylum and Refugee Status show this goal. They offer aid to people in great danger.
These three goals often pull against each other. This is what makes policy so complex. U.S. Congress often debates new reforms. These talks show how leaders try to mix strong security rules with economic needs and human duty. Immigration Policy balances national security, economic necessity, and humanitarian obligations.
My Perspective: Why Understanding Immigration Law Matters
I sat with a mom from Haiti last year. Her hands shook as she showed me her TPS papers. She feared the next DHS letter. Knowing what is the current law on immigration saved her family from panic.
The INA is not just words on a page. It decides if a dad sees his kids grow up here. I have seen USCIS approve a green card and change lives in one stamp. The INA builds real homes under current rules.
My own visa wait felt endless. One CBP officer asked hard questions at the gate. I passed because I knew the rules. Clear facts beat worry every time.
You need this knowledge too. It links to Congress, DHS, and your future. Share it with a friend today. Understanding the law gives power and peace.
Conclusion — The Law That Shapes Every Immigration Journey
The Immigration and Nationality Act (INA) stands as the backbone of what is the current law on immigration. It guides every step from visa to green card. USCIS, DHS, and Congress keep it alive each day. The INA is the core of all U.S. immigration rules today.
Know the lawful paths like family visas or TPS. They bring fairness and safety. Follow them to avoid pain at the border with CBP. Clear rules protect your journey.
I watched a young man hug his mom after years apart. One USCIS stamp made it real. Immigration law may sound complex, but at its core, it’s about people — and the laws that define how they can build new lives in the United States.
FAQs
What is the current immigration law in the U.S.?
The Immigration and Nationality Act (INA) is the main law. Congress passed it in 1952. USCIS and DHS follow it every day. The INA rules all U.S. immigration today.
Who enforces immigration law in the United States?
The Department of Homeland Security (DHS) leads the work. USCIS handles green cards. CBP checks borders. ICE deals with inside cases. DHS runs the whole show.
What are the legal ways to immigrate to the U.S.?
Family ties get you in fast. Jobs open work visas. Refugee status or TPS help in crises. All paths start with the INA. Legal ways keep you safe.
What’s the difference between legal and illegal immigration?
Legal means you use INA paths like visas. Illegal means you skip them. One brings rights. The other brings risk. The INA draws the line.
Has immigration law changed recently?
The INA stays the base. Congress debates fixes. DHS adds rules like TPS ends. No big new bill in 2025 yet. The core law holds firm.
What is the current US immigration law?
It is the Immigration and Nationality Act (INA). DHS enforces it. USCIS processes forms. Congress can update it. The INA is your key guide.
What is the new immigration bill passed today 2025?
No new big bill passed today. Congress talks reform often. DHS issued small rules like H-1B fees. Check uscis.gov for fresh news. No major law changed this week.
What are the new immigration changes?
TPS for some groups ends soon. Asylum fees stay at $100. Green card waits grow. DHS paused some programs. Changes come from DHS orders, not new laws.
What is Biden's current immigration policy?
Biden left office in January 2025. Trump now sets policy. He paused refugee entries. He ended some TPS. Old Biden rules are gone. Current policy is stricter.
Read More: Naturalization vs Citizenship




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