Introduction

Immigration and Naturalization Service (INS) is a federal agency that is responsible for enforcing immigration laws in the United States. It was created in 1933 as a part of the Department of Labor, and later it was transferred to the Department of Justice in 1940.

The INS mission is to provide immigration services, promote lawful immigration, and protect Americans from illegal immigrants. INS also manages the process of naturalization, which is the legal process of becoming a U.S. citizen.

In this article, we will explore the history of INS, the responsibilities of the agency, and recent changes that have been made to its operations.

History of Immigration and Naturalization Service (INS)

Immigration and Naturalization Service (INS) was created in 1933 as a part of the Department of Labor under President Franklin D. Roosevelt. Its responsibilities were to regulate the entry of immigrants and enforce immigration laws.

In 1940, INS was transferred to the Department of Justice, and its responsibilities were expanded to include naturalization, which is the process of becoming a U.S. citizen.

During World War II, INS was responsible for the internment of Japanese Americans, who were relocated to detention camps after the bombing of Pearl Harbor. This was a controversial decision that many saw as a violation of civil rights.

Throughout the years, INS faced criticism for its handling of immigration issues. In 2003, the agency was abolished, and its responsibilities were transferred to three different agencies under the new Department of Homeland Security.

Responsibilities of Immigration and Naturalization Service (INS)

The primary responsibility of INS was to enforce immigration laws in the United States. This included regulating the entry of immigrants, deporting illegal immigrants, and ensuring that immigrants were not a threat to national security.

INS was also responsible for managing naturalization, which is the legal process of becoming a U.S. citizen. This included reviewing citizenship applications, conducting interviews, and administering tests.

In addition, INS provided immigration services to immigrants, including issuing visas, work permits, and green cards. INS also oversaw the refugee and asylum process for those seeking protection in the United States.

Changes to Immigration and Naturalization Service (INS)

In 2003, INS was abolished and its responsibilities were transferred to three different agencies under the new Department of Homeland Security. The three new agencies were U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP).

U.S. Citizenship and Immigration Services (USCIS) is responsible for managing the naturalization process and providing immigration services. This includes reviewing citizenship applications, conducting interviews, and issuing visas, work permits, and green cards.

Immigration and Customs Enforcement (ICE) is responsible for enforcing immigration laws by identifying and removing illegal immigrants and preventing human trafficking. ICE also investigates and prosecutes immigration-related crimes.

Customs and Border Protection (CBP) is responsible for securing the U.S. borders by preventing illegal immigration and drug smuggling. CBP also conducts inspections at airports and seaports to prevent the entry of dangerous goods and people.

Recent Developments in Immigration Policy

In recent years, immigration policy has been a contentious issue in the United States. The Trump administration implemented a number of controversial immigration policies, including the separation of families at the border and the ban on travel from several predominantly Muslim countries.

The Biden administration has taken steps to reverse some of these policies and make changes to the immigration system. The administration has proposed a pathway to citizenship for undocumented immigrants and has promised to overhaul the asylum system.

In March 2021, the Biden administration introduced an immigration bill that would create a pathway to citizenship for the estimated 11 million undocumented immigrants living in the United States. The bill would also increase funding for border security and invest in the processing of asylum applications.

The administration has also taken steps to address the backlog of immigration cases. In June 2021, USCIS announced a plan to expedite the processing of green card applications for family members of U.S. citizens.

Conclusion

Immigration and Naturalization Service (INS) played an important role in enforcing immigration laws and managing the naturalization process in the United States. In 2003, the agency was abolished and its responsibilities were transferred to three different agencies under the new Department of Homeland Security.

In recent years, immigration policy has been a contentious issue in the United States. The Trump administration implemented a number of controversial immigration policies, while the Biden administration has taken steps to reverse some of these policies and make changes to the immigration system.

Through these changes, the United States remains a country that welcomes immigrants who want to contribute to the success of our nation. Immigration will continue to be an important issue, and it is essential that we have policies that balance our need for security with our commitment to fairness and justice.

A Guide to the U.S. Immigration and Naturalization Service

The United States Immigration and Naturalization Service, which is now known as the Legacy Immigration and Naturalization Service, was an agency that was created on June 10, 1933. The Immigration and Naturalization Service stopped operating under that name on March 1, 2003 and became the Legacy INS, which was composed of the U.S. Immigration and Customs Enforcement, the U.S. Citizenship and Immigration Service, and the U.S. Customs and Border Protection.

The purpose of the Immigration and Naturalization Service was to protect and enforce laws regarding naturalization, controlling aliens from illegally entering into the country, preventing individuals from receiving benefits such as unemployment or social security by individuals if they were ineligible for such benefits, and investigating, detaining, and deporting illegal immigrants who were residing in the United States.

Functions of the Immigration and Naturalization Service

The two main functions of the Immigration and Naturalization Service that are of interest are its immigration services, as well as patrolling the borders of the United States

Immigration Process

The Immigration and Naturalization Service works to maintain approximately 250 ports of entry into the country over 8,000 miles of borders. Individuals who want to emigrate into the country must go through these ports and undergo inspection by INS agents. There are different procedures for dealing with the entry of immigrants who want to move to the United States, for those seeking asylum, and nonresidents who want to study in the country.

Individuals who want to stay in the United States as legal permanent residents must be issued an Alien Registration Card (often called a green card) by the Immigration and Naturalization Service. This Green Card allows aliens who have permanent resident status to travel between the United States and other countries freely, as long as they keep their permanent home within the United States.

This card is the first step towards receiving American citizenship. Aliens who have had this Green Card for five years can apply for citizenship and if accepted, can be sworn in and become naturalized citizens. More information on immigration to the United States can be found through the USCIS branch of the Immigration and Naturalization Service.

Controlling United States Borders

The United States government has a quota system that controls the number of green cards issued annually. Because of this restricted quota, there is a steady stream of illegal or undocumented aliens who come into America and work in low-paying jobs that are offered by unprincipled employers.

The Immigration and Naturalization Service works to limit the amount of illegal aliens who come into the country through the through its U.S. Customs and Border Protection. They secure the borders by sea, land, and air. The Immigration and Naturalization Service also works to uncover circumstances of exploitation of these aliens and imposes harsh criminal penalties for doing so.

The Immigration and Naturalization Service also tries to identify and remove criminal aliens the country. This anyone those who have has a criminal record from other countries, or those who try to subvert the American government.

How Do I Replace My Birth Certificate?

A birth certificate is a document that serves as proof of a person’s birth. It contains essential details such as the name of the individual, their date of birth, place of birth, and parent’s names. Having a copy of a birth certificate is crucial, as it is required for various important processes such as applying for a passport, getting a driver’s license, and enrolling in schools. However, there are instances where individuals misplace or lose their birth certificates, or their original birth certificate may have been damaged. In such cases, obtaining a replacement certificate becomes essential. In this article, we will walk you through the process of replacing a birth certificate, including the documents you need and the various channels through which you can order for a replacement.

Documents Needed to Replace a Birth Certificate

Replacing a birth certificate requires some documentation. The documents required vary depending on the state or country where the original certificate was obtained. Here are some of the essential documents that you may need when looking to replace a birth certificate.

1. Identification Documents

Before you can request for a replacement birth certificate, you need to provide identification proof showing that you are who you claim to be. Common identification documents that you can provide include your driver’s license, passport, or any other government-issued photo identification card.

2. Relationship to the Person on the Original Birth Certificate

If you are requesting a birth certificate for someone else, you will need to provide proof of your relationship to the person on the original birth certificate. For example, if you are requesting a certificate for your child, you will need to show proof that you are the parent of the child.

3. Details of the Original Birth Certificate

You may also need to provide information about the original birth certificate, such as the name of the person whose certificate is being replaced, date of birth, place of birth, and parent’s names. This information helps the authorities to locate the original records and issue a new certificate.

Replacing a Birth Certificate in the United States

The process of replacing a birth certificate varies based on the state where the original certificate was issued. Generally, however, the process involves contacting the office of vital records or registry in the state where you were born and requesting a replacement certificate. Here is a breakdown of the process in some of the most populous states in the United States.

1. Replacing a Birth Certificate in California

If you were born in California, you can request a copy of your birth certificate from the California Department of Public Health (CDPH). The CDPH has two ways that you can use to order a replacement birth certificate:

• Online: You can order your birth certificate online and have it mailed to you in 2-5 weeks.

• In-Person: You can walk into one of the CDPH branches and order a certified copy of your birth certificate. Most of the branches are open Monday to Friday, from 8 am to 4 pm, and they accept cash, check, and money orders.

2. Replacing a Birth Certificate in Texas

If you were born in Texas, you can order a birth certificate replacement from the Texas Department of State Health Services (DSHS). The DSHS allows two types of applications:

• Online: You can fill out the application form online, pay using a credit/debit card, and have the certificate mailed to you.

• Mail-in Application: You can download and print the application form from the DSHS website and mail it with a money order or check to the provided address.

3. Replacing a Birth Certificate in Florida

If you were born in Florida, you can request a copy of your birth certificate from the Florida Department of Health (DOH). You can order the certificate in three ways:

• Online: You can order a replacement birth certificate online and get it mailed to you within 5 business days.

• Mail-in Application: You can download and complete the application form from the DOH website and mail it to the provided address with the required fees.

• In-Person: You can walk into any of the DOH branches and request a certified copy of the birth certificate. You will need to pay the required fees using cash or money orders.

Other states follow similar processes, and you can access the specific guidelines for your state by visiting your state health department’s website.

Replacing a Birth Certificate outside of the United States

If you were born outside the United States, obtaining a replacement birth certificate can be more challenging. Here are some of the steps to follow to replace a birth certificate outside of the United States.

1. Contact your Country’s Embassy or Consulate

If you were born outside the United States, you can contact the embassy or consulate of the country where you were born. They will guide you on the process of obtaining a new birth certificate.

2. Contact the Vital Statistics Office

In some countries, you can contact the vital statistics office directly to obtain a replacement birth certificate. You can find this information on your country’s government website.

3. Visit the State Department’s Official Website

The state department’s official website provides an extensive list of countries around the world and the processes for obtaining a replacement birth certificate. Visit the website and navigate to the section that has information on your country’s procedures.

Conclusion

Replacing a birth certificate is relatively easy as long as you have the right documents and follow the proper procedures. While different states and countries have varying processes, this article has outlined the general steps to follow when replacing a birth certificate. Be sure to keep a copy of your birth certificate in a secure place to avoid the need to replace it in the future.

Introduction

Every jurisdiction, usually states but sometimes municipalities, maintains a record of all births for the purposes of vital statistics.  Counties generally hold these documents under the auspices of state law.  Birth certificates are individual documents that comprise a record and a certified copy can be obtained at any given time by the holder of the document.  The original remains on record in the county office.

What information appears on a birth certificate?

Although there is no official form for birth certificates, the U.S. National Center for Health Statistics maintains a standardized form that is recommended for use by the states.

What is a short form?

A short form certificate confirms the existence of the original or “long form” document.  Select information from the birth certificate is on this document and this information is stored electronically for easy access.  Some may prefer to use the short form certificate as proof of birth, but the parent’s names many not appear which may be necessary for certain government documents and services such as applying for a passport.

What is not my birth certificate?

Souvenir birth certificates, issued by the hospital where the baby was delivered are not legal documents.  You can recognize these documents as it typically has the footprints of the newborn baby imprinted on it.  You should never contact the hospital for a replacement birth certificate.  Even if you receive another souvenir certificate, it is next to useless.

Where do I go to replace my birth certificate?

The process will vary from state to state, but generally speaking, the country clerk will have the birth certificates on record at the Clerk’s office.  You may not need to visit the county clerk or register as many of these offices have procedures by which an individual can mail a request to the office, with payment via a check and requisite documents completed.

In some populous counties, such as Nassau County, New York, the individual municipalities and villages will have their own clerks so an individual born in Nassau would contact the local clerk rather than the country clerk.  The county does maintain records prior to 1935, before the responsibility was regulated to the counties, so those seeking a certificate before that time should contact the county clerk if such a split is present.  In less dense counties, such as Lincoln County, North Carolina, the record is available through the register of deeds and any individual that fills out a request form, presents an ID and $10 per copy requested can obtain a certified copy of a birth, death or marriage certificate.

Additionally, you can obtain a copy of your birth certificate directly from the state.  In New York State for example, non-New York City residents can obtain a vital record from the New York State Department of Health by writing to the provided address, paying a fee of $30 per copy (via check) ad providing government issued photo identification.

Inalienable Rights: The Foundation of Freedom

What are inalienable rights, and why are they so important? The concept of inalienable rights has its roots in the Enlightenment, when thinkers like John Locke and Jean-Jacques Rousseau developed theories of natural law and individual freedoms that challenged the authority of absolute monarchs and other forms of tyranny. Today, inalienable rights are central to the political and legal systems of many countries, including the United States, where the Declaration of Independence famously proclaims that all men are created equal, endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. But what exactly does it mean to have inalienable rights, and how do they function in practice?

Defining Inalienable Rights

Inalienable rights, also known as natural rights or fundamental rights, are basic human rights that are considered to be inherent, universal, and indivisible. They are not bestowed by any particular government or authority, but are believed to be part of our natural state of existence as human beings. The term inalienable means that these rights cannot be surrendered or taken away by any outside force, such as a government or a tyrannical ruler. Some of the most commonly recognized inalienable rights include:

– The right to life: This includes not only the right to physical survival, but also the right to live a meaningful and fulfilling existence.

– The right to liberty: This encompasses a wide range of freedoms, such as the freedom of speech, assembly, and religion, as well as the right to privacy, due process, and equal protection under the law.

– The right to property: This includes the right to own and control one’s possessions and resources, as well as the right to seek out and pursue economic opportunities.

– The right to pursue happiness: This refers to the individual’s right to pursue their own well-being and fulfillment, and to make choices for their own lives without undue interference from outside forces.

Of course, there is often debate and disagreement over the precise scope and application of these rights, and how they should balance against each other in different contexts. Some advocates, for example, might argue that the right to life should take priority over the right to freedom of speech in certain circumstances, while others might prioritize economic freedoms over social and political rights. Nevertheless, the idea of inalienable rights remains a cornerstone of many legal, moral, and political systems around the world.

The Role of Inalienable Rights in Modern Society

Although the concept of inalienable rights has been around for centuries, it continues to be highly relevant in modern society. In many ways, our contemporary world is more complex and interconnected than ever before, and this poses numerous challenges to our ability to protect and uphold basic human rights. For example, advances in technology have made it easier than ever for governments, corporations, and other entities to exert control over individuals’ lives and infringe upon their freedoms. Similarly, globalization and the rise of multinational corporations has led to greater economic inequality and exploitation, which can undermine individuals’ ability to exercise their fundamental rights.

At the same time, there are also many instances of individuals and groups standing up for their inalienable rights, both in the face of massive global challenges and in their everyday lives. For example, the Black Lives Matter movement in the United States has drawn attention to the ongoing struggle for racial justice and equality, which is itself a reflection of the broader struggle to secure basic human rights for all people. Similarly, the #MeToo movement, which began as a grassroots effort to raise awareness of sexual harassment and assault, has highlighted the ways in which gender-based discrimination and violence can violate individuals’ inalienable rights to safety, dignity, and respect.

In the legal sphere, the concept of inalienable rights plays a crucial role in many different areas of law, from constitutional law and civil rights to international human rights and criminal justice. For example, the U.S. Constitution’s Bill of Rights is largely based on the idea of inalienable rights, and it protects a wide range of individual liberties such as freedom of speech, religion, and the press. Similarly, the Universal Declaration of Human Rights, adopted by the United Nations in 1948, recognizes the importance of inalienable rights and lays out a framework for protecting them on a global scale.

Protecting Inalienable Rights in Pandemic Times

The recent pandemic has upended many aspects of daily life and posed numerous challenges to our ability to exercise our inalienable rights. With governments around the world implementing strict lockdowns and travel restrictions, many individuals have found themselves either unable to leave their homes or unable to travel freely across borders. This has raised important questions about the balance between individual freedom and collective responsibility, and how best to ensure that everyone’s inalienable rights are respected and protected even in the face of a global crisis.

In many countries, legal and political debates have centered around issues such as mandatory mask-wearing, vaccine distribution, and travel bans. Some have argued that these measures are necessary to protect public health and prevent the spread of the virus, while others have pointed to the potential infringements on individual rights and freedoms that such measures can entail. One key challenge has been to find a way to balance these competing interests in a way that maximizes both public safety and individual liberties.

Conclusion

In the end, the concept of inalienable rights remains a bedrock principle of many different legal, political, and ethical systems around the world. Whether we are talking about individual liberties, economic opportunities, or basic human dignity, the idea that these fundamental rights are inherent, universal, and inalienable remains as relevant today as it ever has been. While the challenges facing human rights may continue to evolve and shift over time, the importance of protecting and upholding these essential freedoms remains as crucial as ever in building a more just, equitable, and free society for all.

What are Inalienable Rights?

Inalienable rights (also referred to as natural or human rights) are rights awarded to human beings that may not be taken away by a religious or governmental institution, except in specific situations and according to due process of the law. For instance, the right to liberty may be limited if an individual is found guilty of a felony by a formal court of law.

Inalienable rights are rights that are not dependent upon the customs, beliefs or laws of any particular
government or culture. Because of this standing, inalienable rights are universal. These rights are distinct from legal rights, which are those bestowed on to an individual by the law of a particular jurisdiction’s legal system, and thus are relative to specific governments and cultures.

A legal right may be codified by a statutory, constitutional, contractual, common, and regulatory or international law. A legal right is typically qualified by the law which created the right. A legal right can be
enforced by the court of law against the individual who has invaded or infringed upon it. The right may be enforced by an injunction or a court order, which will prohibit the other part from infringing upon a right, through the delivery of monies to the holder of the legal right. If an individual’s right to liberty is violated, the individual may bring an action so that a court of law may order the party’s release.

By contrast, the theory behind a natural or inalienable law is related to that of a human right—many societies do not recognize a difference between the two fields of law, while others will choose keep the terms separate to eliminate features that are associated with natural rights. In a specific sense, natural rights are provided and upheld beyond the authoritative capabilities of any international body or government. The Universal Declaration of Human Rights is the premiere legal instrument responsible for enshrining a conception of natural rights into international law.

Inalienable rights are commonly interpreted and understood as the fundamental rights to which an individual is inherently entitled to, simply because they are human beings. As a result of this definition, inalienable rights are conceived as egalitarian and universal. The doctrine of inalienable rights is international in theory and practice; these rights are placed within global, international and regional institutions and in the policies of non-governmental entities throughout the world.

Philosophy of Inalienable Rights:

The philosophy of inalienable rights will attempt to examine the basis of the concept of human rights and examines its justification and content. One of the most widely accepted philosophies concerning inalienable
rights attach the universal rights to natural law. Other theories state that inalienable rights codify general moral behavior sculpted as a human social product developed by a process of social and biological evolution.

Regardless of the approach, these philosophies examine the general notion that human beings in a society accept and subsequently behave rules from legitimate institutions in exchange for economic and security advantages.

The two primary theories that dominate contemporary inalienable rights discussions are the will theory and the interest theory. The will theory attempts to establish the validity of inalienable rights based on the human capacity for freedom, whereas the interest theory claims that the principal function of inalienable rights is to promote and protect certain indispensable human interests.

What are Human Rights?

Human rights, which are a form of inalienable rights, are the rights inherent to all beings, regardless of their place of residence, nationality, gender, ethnic or national origin, religion, language or any other status. As a result, all human beings are entitled to human rights without discrimination. Human rights are interdependent, indivisible and interrelated.

These types of inalienable rights are typically expressed and guaranteed by a nation’s set of laws, their treaties, and a customary application of international law, general principles or any other source or interpretation of international law. Because of these legal buttresses, human rights enforce certain obligations of a government institution to act in certain ways or to refrain from implementing certain acts, to protect and promote the fundamental freedoms of human beings.

The principle of human rights is based on the cornerstone of international law. The principle of international human rights law was formally emphasized in the Universal Declaration on Human Rights in 1948. Since this
implementation, human rights have been reiterated through a number of international human rights conventions, resolutions and declarations. For example, the 1993 Vienna World Conference on Human Rights enforced the States to protect and promote all human rights and freedoms, regardless of the cultural, economic and political systems.

All states associated with the Declaration on Human Rights have ratified at least four of the core human rights treaties. This majority implementation creates legal obligations for the attached governments to promote and protect such rights on a universal level. Human rights are therefore deemed inalienable rights; they should never be stripped from an individual, except if the person seriously violated a law or under specific situations.

All human rights, whether they are political or civil, are interdependent and indivisible. For example, the right to life, the rights to work, the rights to receive education, or collective rights, such as the rights to self determination and development are interrelated, interdependent and indivisible. These rights although different with regards to what they offer are related; the promotion of one right will facilitate the advancement of another, while the deprivation of one will adversely affect the others.

Rights offered by the Universal Declaration of Human Rights:

Article I: Human beings are born equal and free. Human beings are endowed with conscience and reason and should interact with one another in a spirit of brotherhood.

Article II: All human beings are entitled to the freedoms and rights set forth in their nation’s Declaration. These inalienable rights are awarded without distinction of any fashion, such as the color, language, religion, political or race of a being. Moreover, no distinction will be made on the basis of international, political or jurisdictional status of the nation to which an individual belongs or resides.

Article III: Every human being possesses the right to liberty, life and security.

Article IV: No human being will be held in servitude or slavery; the slave trade is prohibited in all forms.

Article V: No human being is subjected to cruel punishment. Torture or degrading treatment of an individual shall not be used as a form of punishment.

Article VI: Every human being maintains the right to recognition as a human before the law.

Article VII: All human beings are regarded as equal before the law. As a result, all human beings are entitled to equal protection. All human beings are entitled to equal protection against any form of discrimination in violation of the Universal Declaration of Human Rights and against any form of incitement to such
discrimination.

Article VIII: All human beings have to right to secure an effective remedy by competent tribunals for acts which violate the fundamental rights granted to the individual by the constitution or law of the nation.

Article VIII: No human being shall be subjected to arbitrary detention, exile or arrest.

Article X: Every human being is entitled to a fair and public hearing by an impartial and independent tribune, in the determination of the individual’s obligations and rights and of any charge against him or her.

Article XI: Any human being charged with a penal violation will be presumed innocent until he or she is proven guilty according to law in a trial. No human being shall be deemed guilty of any offense on account of any omission or act which did not establish a violation under national or international law at the time it was
committed.

Article XII: No human being will be subjected to arbitrary interference with the individual’s family, privacy, home or correspondence. Every human being has the right to be protected by law against attacks or interference.

Article XIII: Every human being has the right to freedom of residence and movement. Every human
being has the right to leave any nation, including his own, and the right to return to his nation.

Article XIIV: Every human being has the right to enjoy and seek in other nations asylum from persecution.

Article XV: Every human being has the right to a nationality.

Article XVI: Human beings of a legal age possess the right to marry and start a family. These individuals must enter marriage only if full consent of the spouses is realized. The Universal Declaration of Human Rights states that the family is the fundamental unit of a society and is therefore entitled to protection by the society in a nation.

Article XVII: Every human being has the right to own property; no individual shall be deprived of the right to own property.

Article XVIII: Every human being has the right to freedom of thought, religion and conscience. This human right includes the right to change religions or beliefs.

Article XIX: Every human being has the right to freedom of expression and opinion. This human right includes the freedom to hold opinions without being impeded from seeking, receiving or interpreting ideas through any form of media.

Article XX: Every human being has the right to freely assemble and associate in a peaceful manner. No human being may be compelled to belong to any organization or association if said groups do not break the law.

Article XXI: Every human being has the right to participate in his or her nation’s government, directly or through its representatives. Every human being has the right of equal access to serve in his or her country. The will of people is the basis of the authority of a government.

Article XXII: Every human being, as a member of society, has the right to social security.

Article XXIII: Every human being has the right to work. Humans are awarded the right to choose employment and are awarded favorable conditions in their work environment. Human beings are awarded financial protections against unemployment. Every human being has the right to join or form trade unions for the protection of the individual’s interests.

Article XXIV: Every human being has the right to rest and vacation; these rights are awarded to limit working hours and provide holiday periods with pay.

Article XXV: Every human has the right to enjoy a standard of living that is adequate for the well-being of him or herself. These rights include the right to secure clothing, housing, medical care, social services and food. Education is also directed to develop human beings and strengthen the respect of human rights and freedoms. The delivery of education promotes the understanding and unification of race, religious groups and nations. Parents enjoy the right to choose the type of education that shall be provided to their children.

Article XXVI: Everyone has the right to receive education. Education is offered as free at least in the fundamental stages of a child’s life. Elementary education is compulsory. Professional and higher education is available and accessible on the basis of merit.

Article XXVII: Every individual has the right to participate in the community and has the right to enjoy the arts and to share in the advancement of the practice. Every human being is awarded the right to protection of their material and moral interests resulting from any artistic production of which he or she is the author.

Article XXVIII: Every human being is awarded the right to receive any liberties or rights expressed in their nation’s constitution.

Article XXIX: Every human being is responsible for bolstering the community through the construction of a free and fully personality.

Introduction

The Indian Removal Act of 1830 was a law that authorized the US Government to relocate Native American tribes living in the southeastern United States to lands west of the Mississippi River. This law was enacted during a time when Native American tribes were viewed as obstacles to westward expansion and the pursuit of land and resources. It was a controversial law that had far-reaching implications for Native Americans, leading to displacement, loss of culture, and even death. This article provides a detailed exploration of the Indian Removal Act of 1830, examining its origins, its impact, and its ongoing legacy.

Origins of the Indian Removal Act of 1830

The Indian Removal Act of 1830 was not created in a vacuum. Its origins can be traced back to early European colonization of North America, when Native American tribes were forced to cede land to European settlers. Over time, the Native American population declined, and the US Government began to see Native Americans as an obstacle to westward expansion.

By the early 1800s, much of the southeastern United States was inhabited by Native American tribes, including the Cherokee, Chickasaw, Choctaw, Creek, and Seminole. However, these tribes were not unified, and they did not present a united front against the encroaching US Government. Instead, many tribes had already been weakened by disease, warfare, and internal divisions.

At the same time, politicians in the United States were calling for westward expansion. They argued that the land belonged to the United States and that Native Americans were standing in the way of progress. In particular, there was a push for the fertile lands of the south, which were ideal for cotton production.

Against this backdrop, the idea of removing Native Americans from the southeastern United States took hold. President Andrew Jackson, who took office in 1829, was a strong advocate of removal. Jackson had a background in military history and had fought against various Native American tribes, including the Cherokee and the Creek. In his view, Native Americans were an obstacle to the expansion of the United States. He believed that they should be removed to make way for white settlement.

The Indian Removal Act of 1830

In May of 1830, Congress passed the Indian Removal Act. The law authorized the United States Government to negotiate treaties with Native American tribes living in the southeastern United States, exchanging their land east of the Mississippi River for lands west of the Mississippi.

The law was controversial from the start. It was opposed by some members of Congress, including Senator Henry Clay of Kentucky. Clay argued that the law was unconstitutional because it violated the property rights of Native Americans, and he warned that it would lead to violence. But the law ultimately passed, and President Jackson signed it into law on May 28, 1830.

The impact of the Indian Removal Act of 1830

The impact of the Indian Removal Act of 1830 was enormous. Over the next several years, tens of thousands of Native Americans were forced to leave their homes and move west to lands that were unfamiliar and often unsuitable for traditional Native American lifestyles.

The Cherokee, who were one of the largest and most advanced tribes in the southeastern United States, were particularly affected. In 1832, the United States Supreme Court ruled in Worcester v. Georgia that the Cherokee were a sovereign nation and were not subject to state laws. However, this ruling did not stop the forced removal of the Cherokee from their land.

In 1838, the US Government forcibly removed the Cherokee from their homes and forced them to march to Indian Territory (present-day Oklahoma) in what became known as the Trail of Tears. The journey was long and arduous, and thousands of Cherokee died along the way from disease, malnutrition, and exposure to the elements.

The Trail of Tears was not an isolated event. Other tribes were similarly affected by the Indian Removal Act, including the Chickasaw, Choctaw, Creek, and Seminole. However, the Cherokee experience was particularly devastating, and it has come to symbolize the broader impact of the law on Native American tribes in the southeastern United States.

Government resources on the impact of the Indian Removal Act of 1830

The impact of the Indian Removal Act of 1830 has been well-documented by the US Government, and there are numerous resources available for those who want to learn more about this period in history.

The National Park Service, for example, has a number of sites dedicated to the Indian Removal Act, including the Trail of Tears National Historic Trail, which commemorates the forced removal of the Cherokee and other tribes from the southeastern United States. The National Archives also has extensive collections of documents related to the Indian Removal Act, including correspondence, treaties, and reports.

Today, the legacy of the Indian Removal Act of 1830 is still felt by Native American tribes in the southeastern United States. Many tribes continue to struggle with displacement, loss of culture, and poverty. However, there are also efforts underway to recognize and honor the history and culture of these tribes, and to work towards reconciliation and healing.

Conclusion

The Indian Removal Act of 1830 was a controversial law that had far-reaching implications for Native American tribes in the southeastern United States. It was born out of a desire for westward expansion and a belief that Native Americans were an obstacle to progress. The law resulted in the forced removal of tens of thousands of Native Americans from their homes and their traditional way of life, leading to displacement, loss of culture, and even death.

Today, the legacy of the Indian Removal Act of 1830 is still felt by Native American communities in the southeastern United States. However, there are also efforts underway to recognize and honor the history and culture of these tribes, and to work towards healing and reconciliation. The story of the Indian Removal Act of 1830 is a reminder of the complex and difficult history of the United States, and the ongoing struggle for justice and equal rights.

Guide to the Indian Removal Act of 1830

The Indian Removal Act of 1830 was an act passed on May 26, 1830 by the 21st Congress of the United States. The 1830 Indian Removal Act was the signed in law on May 28, 1830 by President Andrew Jackson after four months of tedious debate.

The Indian Removal Act of 1830 was very strongly supported in the South, where the relevant states were more than eager to gain power to the lands that were inhabited at the time by the Five Civilized Tribes (the Choctaw,
Seminole, Creek, Cherokee, and Chickasaw). More specifically, Georgia, who was the largest state during that time, was extremely involved in a combative jurisdictional dispute against the Cherokee nation. Former President Jackson had hoped that the Indian Removal would help resolve the crisis in Georgia. The 1830 Indian Removal Act was also very controversial. While in theory the Native American removal was supposed to be completely voluntary, in practice there was great pressure placed on the leaders of the Native American tribes to sign the removal treaties. Many observers quickly realized that the passage of the 1830 Indian Removal Act meant the inescapable removal of the majority of Indians from the states. Some of the leaders of the Native American tribes who had previously fought against the removal now started to reexamine their positions, particularly after President Jackson’s 1832 landslide re-election.

Many European Americans preferred the passage of the 1830 Indian Removal Act, although there was significant opposition to the act as well. Many Christian missionaries, including the noted missionary organizer Jeremiah Evarts, objected to passage of the Indian Removal Act of 1830. Future United States President Abraham Lincoln also strongly opposed the 1830 Indian Removal Act. In the United States Congress, Senator Theodore Frelinghuysen of New Jersey and Congressman Davy Crockett of Tennessee vocally spoke out against the Act. The 1830 Indian Removal Act was ultimately passed after strong and bitter debate in Congress.

The1830 Indian Removal Act cleared the way for the hesitant—and often forceful—emigration of tens of thousands of Indians from their homes to the West. The very first removal treaty signed after the Indian Removal Act of 1830 was the Treaty of Dancing Rabbit Creek which was signed on September 27, 1830. Here the Choctaws located in Mississippi ceded their land east of the river there in exchange for land in the West and payment. Thomas Harkins or Nitikechi, a Choctaw chief was quoted in the newspaper as saying this removal Choctaw removal from their homes was a “trail of tears and death”. Another treaty was the Treaty of New Echota, which was signed in 1835, which called for the removal of the Cherokee tribe on the Trail of Tears. Unlike these two tribes, the Seminoles did not leave their land as peacefully as the others. They resisted the removal and resulted in the Second Seminole War which was from 1835 to 1842. It ultimately resulted in the removal of a small number of remaining Seminoles.

Background of the Indian Removal Act of 1830

Early in the 1800’s before the Indian Removal Act of 1830, when the quickly-growing United States moved down into the lower South, white settlers quickly faced what they considered an inconvenient obstacle. This land was home to the Cherokee, Choctaw, Chicasaw, Seminole, and Creek nations. These five nations, according to the settles and other white Americans, were blocking the way of progress in the United States. Settlers strongly pressured the federal government to somehow acquire the Indian territory in order for the
land to be used for cotton growth.

Andrew Jackson, who was from the South, was a very forceful proponent of the removal of the Indian Nations and the Indian Removal Act of 1830. In 1814, Jackson commanded the United States military forces that resulted in defeating a faction of the Creek Indian nation. As a result of this defeat, the Creek Indians lost approximately 22 million acres of land in what is now central Alabama and southern Georgia. The United States acquired even more land in 1818 after Jackson’s troops attacked Spanish Florida as a way to punish the Seminoles Indians for their habit of harboring fugitive slaves.

Between 1814 and 1824, Jackson was key in negotiating 9 out of 11 treaties which took Eastern lands from the southern tribes of in exchange for western lands. These tribes agreed to accept the treaties mostly for strategic reasons. The tribes hoped to appease the United States government and hoped to retain some of their land while protecting themselves from white American harassment. As a result, the United States easily gained control over nearly three-quarters of Alabama and Florida, along with areas of Mississippi, Kentucky Georgia, North Carolina, and Tennessee. This time period was one of voluntary Indian migration, but only a small amount of Choctaws, Creeks, and Cherokee actually migrated to the new lands.

In 1823, the Supreme Court of the United States gave a decision which read that American Indians could occupy the lands within the country, but they did not have the right to hold the title to those lands. The reasoning behind this judgment was because the Indian’s right of occupancy was secondary to the right of discovery by the United States. In response to the threat of this judgment, the Chicasaw, Creeks, and Cherokee introduced policies of limiting land sales to the United States government. These tribes wanted to strongly protect what left of their land before they lost all of it.

Although the five Indian nations of the area had made previous attempts at resistance against the government, many of the strategies they used were non-violent ones. An example of a non-violent method was to take up white American customs like Western education, slave-holding, and large-scale farming. Doing this earned these Indian nations the title of the “Five Civilized Tribes.” These nations adopted the policy of assimilating in an effort to coexist with the white settlers while warding off hostility from them. However, doing this only made whites more resentful and jealous.

Other attempts of non-violence included giving portions of their land to the United States government with the intention of keeping control over some parts of their territory, or control of the new areas they were given
in exchange. Some of the nations also refused to leave their territories, particularly the Seminoles and the Creeks. They both waged war in order to protect their land. The First Seminole War resulted from this and was from 1817 to 1818. The Seminoles were helped by fugitive slaves who they had taken in and provided
protection for years.  Seeing the fugitives supporting the Seminole upset the white planters and powered the white planters’ desire to win against the Seminoles.

The Cherokee nation used legal means in their efforts to safeguard their rights and lands. The tribe looked for protection from white settlers, who often harassed the tribes by stealing livestock, burning towns, and squatting on their land as an attempt to drive the tribes off. In 1827 the Cherokee nation adopted a written constitution which declaring themselves as a sovereign nation. The tribe based this on the policy in the United States. Former treaties showed Indian Nations being declared as a sovereign in order allow the tribe to properly cede their lands. The Cherokee tried to use this new status, the Georgia did not recognize this status, and instead saw the Indians as tenants who lived on state land. The Cherokee nation took their legal case to the Supreme Court, where they lost the case.

The Cherokee nation went to the Supreme Court for a second time in 1831. This time, the Cherokee based this legal appeal on the Georgia law of 1830 which banned whites from living on Indian Territory at any time after
March 31, 1831, without having an issued license from the state of Georgia. The state legislature had created this law to specifically justify displacing white missionaries who were trying to help the Indians resist removal from their lands. The Supreme Court were in favor of the Cherokee the second time. The court felt that the Cherokee nation had a right to self-government, and thus acknowledged that Georgia’s extension of state law over the Cherokee nation to be unconstitutional. However, the state of Georgia did not abide by this decision and President Jackson also refused to enforce the Supreme Court’s ruling.

President Jackson’s attitude toward the Native American tribes was patronizing and paternalistic. He often described the tribes as young children who needed guidance. He felt that Indian removal policy was beneficial
not only to the white settlers, but also to the Indians. Many white Americans felt that the United States would never go beyond the Mississippi. Removing the Indian tribes from the lands and relocating them would save them from the destruction of whites, and new areas would allow the tribes to govern themselves easily and
with peace. However, many white Americans saw this move as a reason for an inhumane and brutal course of action, which resulted in strong protest against the removal.

Full Text of the Indian Removal Act of 1830

The Indian Removal Act of 1830

CHAP. CXLVIII.–An Act to provide for an exchange of lands with the Indians residing in any of the states or territories, and for their removal west of the river Mississippi.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall and may be lawful for the President of the United States to cause so much of any territory belonging to the United States, west of the river Mississippi, not included in any state or organized territory, and to which the Indian title has been extinguished, as he may judge necessary, to be divided into a suitable number of districts, for the reception of such tribes or nations of Indians as may choose to exchange the lands where they now reside, and remove there; and to cause each of said districts to be so described by natural or artificial marks, as to be easily distinguished from every other.

SEC. 2. And be it further enacted, That it shall and may be. lawful for the President to exchange any or all of such districts, so to be laid off and described, with any tribe or nation within the limits of any of the states or territories, and with which the United States have existing treaties, for the whole or any part or portion of the territory claimed and occupied by such tribe or nation, within the bounds of any one or more of the states or territories, where the land claimed and occupied by the Indians, is owned by the United States, or the United States are bound to the state within which it lies to extinguish the Indian claim thereto.

SEC. 3. And be it further enacted, That in the making of any such exchange or exchanges, it shall and may be lawful for the President solemnly to assure the tribe or nation with which the exchange is made, that the United States will forever secure and guaranty to them, and their heirs or successors, the country so exchanged with them; and if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same: Provided always, That such lands shall revert to the United States, if the Indians become extinct, or abandon the same.

SEC. 4. And be it further enacted, That if, upon any of the lands now occupied by the Indians, and to be exchanged for, there should be such improvements as add value to the land claimed by any individual or
individuals of such tribes or nations, it shall and may be lawful for the President to cause such value to be ascertained by appraisement or otherwise, and to cause such ascertained value to be paid to the person or persons rightfully claiming such improvements. And upon the payment of such valuation, the improvements so valued and paid for, shall pass to the United States, and possession shall not afterwards be permitted to any of the same tribe.

SEC. 5. And be it further enacted, That upon the making of any such exchange as is contemplated by this act, it shall and may be lawful for the President to cause such aid and assistance to be furnished to the emigrants as may be necessary and proper to enable them to remove to, and settle in, the country for which they may have exchanged; and also, to give them such aid and assistance as may be necessary for their support and subsistence for the first year after their removal.

SEC. 6. And be it further enacted, That it shall and may be lawful for the President to cause such tribe or nation to be protected, at their new residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever.

SEC. 7. And be it further enacted, That it shall and may be lawful for the President to have the same superintendence and care over any tribe or nation in the country to which they may remove, as contemplated by this act, that he is now authorized to have over them at their present places of residence.

NATIONAL ORIGINS ACT TEXT

The National Origins Act: A Brief Overview and Legacy

The United States of America has been both a beacon of hope for immigrants and a place of exclusion. While the nation has attracted millions of people seeking democracy, freedom, and prosperity, it has also implemented policies designed to exclude certain groups based on race, ethnicity, or nationality. The National Origins Act is one such policy that left a lasting impact on American immigration and citizenship history. In this article, we provide an overview of the National Origins Act, its historical context, and its legacy.

Historical Context: Immigration and Race in America

The United States began as a country built on immigration, with waves of settlers, colonizers, and slaves coming from various parts of the world. However, as the country grew and expanded, so did the anxiety and hostility towards certain immigrant groups. The late 19th and early 20th centuries were marked by a surge of immigration from Southern and Eastern Europe, Asia, and Latin America, which prompted a wave of nativism, xenophobia, and racism.

The fear of becoming a minority in their own country fueled the rise of various anti-immigrant movements and policies. Some politicians and groups demanded a reduction or stoppage of immigration altogether, while others proposed selective or preferential immigration based on race, nationality, or religion. The National Origins Act is one such policy that reflected the anti-immigrant sentiments of its time.

Overview of the National Origins Act

The National Origins Act was a federal law that Congress passed in 1924 to restrict immigration to the United States based on nationality and race. The act established a quota system that limited the number of immigrants from each country to 2% of that country’s population in the U.S. as of 1890. The law also imposed an annual immigration ceiling of 150,000 people per year and excluded immigrants from Asia entirely.

The National Origins Act was a significant departure from previous immigration policies that had been more lenient or less discriminatory. The act effectively favorited immigrants from Northern and Western Europe, where most white Americans claimed their heritage, and discriminated against immigrants from Southern and Eastern Europe, Africa, and Asia, whom many considered to be inferior or problematic. The law also reflected the growing influence of eugenics and racial theories that advocated for the separation of races and the preservation of superior genes.

Legacy of the National Origins Act

The National Origins Act had several legacies that impacted American immigration and citizenship history. First, the law reinforced the racial hierarchy and discrimination of the time. By discriminating against certain groups based on race, nationality, and ethnicity, the law perpetuated inequality and prejudice and excluded many potential contributors to American society and culture.

Secondly, the National Origins Act created long-term consequences for American demographics and diversity. The law effectively froze the ethnic and racial composition of the U.S. in the early 20th century, excluding subsequent waves of immigrants who may have expanded or diversified the population. The law also contributed to the racial divisions and conflicts that persisted in the country, such as the segregation of Blacks and the internment of Japanese-Americans during World War II.

Finally, the National Origins Act inspired future immigration policies and debates. The act set the tone for the restrictive and discriminatory policies that followed, such as the Chinese Exclusion Act, the Immigration Act of 1965, and the current debates over illegal immigration and refugee resettlement. The National Origins Act served as a reminder of the tensions and challenges that come with immigration and citizenship and the need for a comprehensive, humane, and just approach to the issue.

Conclusion

The National Origins Act was a landmark immigration law that reflected the anti-immigrant, nativist, and racist sentiments of its time. The law effectively discriminated against certain groups based on race, nationality, and ethnicity and excluded many potential contributors to American society and culture. The law also created long-term consequences for American demographics and diversity and inspired future immigration policies and debates. The National Origins Act remains a cautionary tale of the dangers of immigration exclusion and the need for a fair, equitable, and inclusive immigration policy.

The National Origins Act of 1924 was a component of the Immigration Act of 1924 that established a quota system for determining how many immigrants could enter the United States, restricted by country of origin.  Although the quota system established by this Act has been abolished and other provisions heavily modified by the Immigration Act of 1965, this Act represents a significant redesign of the American immigration system for several decades in the mid-20th century.  The impetus to restrict immigration picked up steam in 1907 when the Dillingham Commission recommended restricting immigration from Southern and Eastern Europe, noting that immigration from those countries was “undesirable.”

National Origins Formula

The most important provision of the National Origins Act was the restrictive immigration quota system.  The first quotas were established three years earlier, through provisions in the Emergency Quota Act that limited immigration from any country to 3% the number of residents originating in that country living in the United States.  This Act caused immigration to drop by almost 500,000 persons between 1920 and 1922, primarily Southern and Eastern European immigrants.  Nominal Latin American and African immigration, and the immigration of professionals however, were not restricted.  The policy was renewed in the Immigration and Nationality Act of 1952, over presidential veto, before finally coming to an end in 1965.

Other provisions

The National Origins Act established a system of consular based immigration, which required immigrants
to have a visa issued by an American consular officer abroad before immigrating to the United States.  This practice is still in use today.

No immigrant ineligible to for citizenship naturalization could immigrate to the US.  Since Asian immigrants were ineligible for citizenship, this meant, in effect, that no Asians could immigrate to the US.  Although provisions were made for family reunification, “picture brides,” which were the primary means for Asian women to immigrate to the US, was expressly disallowed.  Distinctions between kinds of alien visitors, such as temporary visitors were also established by this legislation.

In practice

Although there were no racial restrictions in the National Origins Act of 1924, the nature of the quotas
ensured that limited numbers of certain Europeans and almost no Asians could enter the United States.  The addition of the Asian Exclusion Act, which barred Asians from becoming naturalized citizens, shut the door on meaningful Asian immigration until 1965.  If populations of those immigrants from undesirable nations were already small, then only a minuscule amount of additional immigrants from that country could join them.  For example:

There are 1,000 immigrants from China living in the US.  In reality, further Chinese would not be eligible for immigration due to naturalization laws, but if they were;

The National Origins Act limits additional immigration from all nations, including China to 2% of the number of Chinese Americans living in the US.

2% of 1,000 equals 20, which means that only twenty more persons from China could immigrate to the US.  If
there were additional restrictions on new immigrants, such as literacy tests, that number may be lower.

Conversely, if there were 150,000 Americans of British descent, 3,000 more immigrants could join them.

This process effectively skewed the immigration system with the intention of keeping America’s ethnic
distribution consistent.  The provisions were calculated and amended several times with the quota percentage reduced to 2% and the population numbers from 1890 to be used as a benchmark, restricting undesirable immigration even further.

Timeline

1907 – Dillingham Commission determines that immigration should be restricted to avoid undesirable elements from entering the United States, leading to the drive to establish limitation on Southern and Eastern European
immigration.

1921 – The Emergency Quota Act is the first to establish discriminatory quotas aimed at preserving the ethnic and racial composition of the United States.  Limitations prevented newcomers from each country to 3% of that population in the United States according to numbers in the previous census.

1924 – Immigration Act/National Origins Act lowered the quota percentage to 2% and added provisions to limit total immigration to 150,000 yearly by 1927.  Other provisions included using an earlier census to restrict new immigration by ethnicity even further, allow family reunifications and reducing the number of unskilled workers.  The United Sates also switched to a consular-based immigration system that requires immigrants to obtain an
immigration visa from the US Consulate.  Due to these changes, immigration from Italy fell almost 90% and some “undesirable” immigrant populations actually decreased.

1927 – Percentage quotas end in favor of a proportional system based on the United States population that allowed 150,000 immigrants into the US yearly.  This took effect in 1929.  This was just as restrictive as the previous system as “undesirable” immigrants were still subject to smaller numbers that Western and Northern European Immigrants.

1952 – Revised Immigration and Nationality Act continues National Origins Formula with proportional quotas but removes racial restrictions.  Veto by President Truman overridden by Congress.

1965 – The immigration system, as defined by the National Origins Act, ends and discriminatory quotas are abolished.  Immigration to the United States opened too all persons from all countries.

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Immigration Forms: A Detailed Guide

Immigration is a process of legally entering and settling in a country other than one’s own. The process of immigrating to a new country has always been a tedious and complicated ordeal, and a crucial part of it is the paperwork. Filling up immigration forms can be a daunting task, especially if it’s your first attempt. In this article, we will guide you through the most common immigration forms and explain the significance of each form in the immigration process.

1. Form I-130: Petition for Alien Relative

Form I-130 is a petition filed by a U.S. citizen or lawful permanent resident to establish the relationship between them and their foreign national spouse, child, or parent. The petitioner must establish that the relationship is genuine and that they are financially capable of sponsoring the foreign national.

The process starts by filing Form I-130, accompanied by the appropriate fee and documentation to the United States Citizenship and Immigration Services (USCIS). The USCIS will then review the petition, and if approved, will forward the case to the National Visa Center (NVC) for further processing.

2. Form I-485: Application to Register Permanent Residence or Adjust Status

Form I-485 is the primary form used by foreign nationals to adjust their current status to permanent residency in the United States. This form is generally used by individuals who were admitted to the United States in a non-immigrant visa status and are now looking to obtain permanent residency.

Once Form I-130 has been approved and the applicant has a visa number available, they can file Form I-485 along with all the required documentation and fees to the USCIS. The USCIS will then schedule an interview with the applicant and adjudicate the application.

3. Form I-90: Application to Replace Permanent Residence Card

Form I-90 is used to renew or replace a permanent residence card (Green Card). If an individual’s Green Card is nearing its expiration date, they must file Form I-90 at least six months before its expiration date. This form is also used to replace a lost or stolen Green Card or to update the card if there have been any changes in the individual’s personal information.

The application process involves filling up Form I-90 and paying the appropriate fee to the USCIS. The applicant will then receive an appointment for biometric (fingerprint) and photograph processing, after which USCIS will review the application and provide a decision.

4. Form I-129F: Petition for Alien Fiancé(e)

Form I-129F is used by a U.S. citizen to bring their foreign national fiancé(e) to the United States with the intention of getting married within 90 days of arrival. The petitioner must prove that they have met their fiancé(e) in person at least once within the past two years and that they intend to marry in the United States.

The USCIS will review the petition and, if approved, will forward it to the NVC for further processing. The NVC will then forward the case to the U.S. Embassy or Consulate in the foreign national’s country for an interview.

5. Form I-765: Application for Employment Authorization

Form I-765 is used by non-U.S. citizens to apply for an employment authorization document (EAD), which allows them to work while they are waiting for their Green Card or other immigration benefits. An individual must be in the United States under a qualifying immigration status to be eligible to file Form I-765.

The application process involves filling up the form and submitting it with the appropriate fee and documentation to the USCIS. Once the application is approved, the applicant will receive an EAD, which is valid for a specific period and can be renewed as needed.

6. Form N-400: Application for Naturalization

Form N-400 is used by lawful permanent residents to apply for U.S. citizenship. An individual must meet certain eligibility requirements, such as being at least 18 years of age, having lived in the United States continuously for a specific period, and being able to read, write, and speak conversational English.

The application process involves filling up the form and paying the appropriate fee to the USCIS. The applicant must also undergo biometric processing, attend an interview, and pass a civics test and English language test to become a naturalized U.S. citizen.

7. Form DS-160: Non-immigrant Visa Application

Form DS-160 is used by foreign nationals to apply for a non-immigrant visa to visit the United States temporarily, such as for tourism, education, or business purposes. This form is submitted online, and the applicant must provide detailed information about their travel plans, employment history, and any criminal history.

Once the application is submitted, the applicant must schedule an interview at the U.S. Embassy or Consulate in their country of residence. The interviewer will determine if the applicant is eligible for the non-immigrant visa.

Conclusion

The immigration process can be complicated, and filling up the right forms is essential to avoid any delays or rejections. Understanding each immigration form’s significance and following the application process’s instructions is crucial to ensure a smooth immigration process. Therefore, it is advisable to seek legal assistance to navigate through the intricacies of immigration law. With this guide, we hope to have helped you understand the most common immigration forms used and their roles in the immigration process.

The National Origins Act was a law that was enacted in 1924 in the United States. This law established a quota system for immigrants based on their country of origin. The National Origins Act was created to restrict the influx of immigrants into the country and to maintain the ethnic and cultural makeup of the United States.

Background of the National Origins Act

Throughout the 19th century, millions of immigrants came to the United States, predominantly from Europe. This mass migration led to a significant demographic shift in the United States. The composition of the population changed from being largely rural and homogeneous to being more urban and diverse.

The demographic shift created a demand for labor in cities, which led to many immigrants settling in these urban areas. This process, together with cultural and linguistic differences, often caused immigrants to experience discrimination and marginalization from the native-born population. Furthermore, World War I led to increased anti-immigrant sentiment among Americans, especially towards Germans.

As a result, several legislative acts were passed in the early 20th century to restrict immigration into the United States. One of these was the Immigration Act of 1917, which prohibited entry into the United States of persons deemed undesirable and required a literacy test for arriving immigrants.

In 1921, the Emergency Quota Act was passed, which established a quota system for admitting immigrants based on their country of origin. This act set the annual limit for each nationality at 3 percent of the number of residents of that nationality in the United States in the 1910 census.

The National Origins Act

The National Origins Act was enacted in 1924 and replaced the Emergency Quota Act. The Act established a stricter quota system, setting yearly immigration quotas for various countries based on the 1890 census, which had a lower number of recent immigrants from Southern and Eastern Europe compared to the 1910 census. The quotas were set at 2 percent for each nationality represented in the United States in 1890.

The National Origins Act also placed restrictions on immigrants from Asia. It prohibited the immigration of all Asians, except those from the Philippines. The Act aimed to preserve the racial and cultural identity of the United States by limiting the number of immigrants from Southern and Eastern Europe, Africa, and Asia and by favoring immigrants from Northern and Western Europe.

Criticism of the National Origins Act

The National Origins Act has faced criticism from various groups over the years. The Act has been called discriminatory and racist because it favored immigrants from Northern and Western Europe and excluded immigrants from other parts of the world. The Act made it more challenging for people from regions such as Africa or Asia to come to the United States.

Furthermore, the Act perpetuated ethnic and racial stereotypes by limiting the number of immigrants from Southern and Eastern Europe, where many people presumed ethnic groups were more likely to be involved in crime and other undesirable activities.

The quota system also created a backlog of visa applications, which led to long wait times for immigrants from certain countries. In many cases, the waiting time could stretch for years, preventing people from being reunited with their families or creating opportunities for them in the United States.

The Repeal of the National Origins Act

In 1952, the Immigration and Nationality Act replaced the National Origins Act. This act removed the quotas that favored immigrants from Northern and Western Europe and replaced them with a system based on skills, family relationships, and national need. It provided more opportunities for immigrants from countries such as Asia and Latin America to come to the United States. The act did not eliminate the idea of quotas altogether, but instead, shifted the focus towards a more merit-based system that aimed to benefit the United States economically.

Today, immigration policies in the United States continue to be a topic of debate. Some argue that immigration policies should be more generous, particularly for refugees and people seeking asylum. Others believe that the United States should focus on prioritizing the immigration of skilled workers who can contribute to the country’s economy.

Conclusion

The National Origins Act was a law enacted in 1924 in the United States to establish a quota system for immigrants based on their country of origin. The Act aimed to restrict the number of immigrants coming into the United States and to preserve the ethnic and cultural makeup of the country. The National Origins Act faced criticism for its discriminatory policies, particularly towards certain ethnic groups. In 1952, the National Origins Act was replaced by the Immigration and Nationality Act, which established a more merit-based system for immigration. Today, immigration policies in the country continue to be a topic of debate among lawmakers and the public.

Full Text to National Origins Act

SIXTY EIGHTH CONGRESS. SESS.I. Ch. 185, 190. 1924.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Immigration Act of 1924” Sec. 2. (a) A consular officer upon the application of any immigrant (as defined in section 3) may (under the conditions hereinafter prescribed and subject to the limitations prescribed in this Act or regulations made thereunder as to the number of immigration visas which may be issued by such officer) issue to such immigrant an immigration visa which shall consist of one copy of the application provided for in section 7, visaed by such consular officer.

Such visa shall specify (1) the nationality of the immigrant; (2) whether he is a quota immigrant (as defined in section 5) or a non-quota immigrant (as defined in section 4); (3) the date on which the validity of the immigration visa shall expire; and such additional information necessary to the proper enforcement of the immigration laws and the naturalization laws as may be by regulations prescribed. b. The immigrant shall furnish two copies of his photograph to the consular officer. One copy shall be permanently attached by the consular officer to the immigration visa and the other copy shall be disposed of as may be by regulations prescribed.

c. The validity of an immigration visa shall expire at the end of such period, specified in the immigration visa, not exceeding four months, as shall be by regulations prescribed. In the case of a immigrant arriving in the United States by water, or arriving by water in foreign contiguous territory on a continuous voyage to the United States, if the vessel, before the expiration of the validity of his immigration visa, departed from the last port outside the United States and outside foreign contiguous territory at which the immigrant embarked, and if the immigrant proceeds on a continuous voyage to the United States, then, regardless of the time of his arrival in the United States, the validity of his immigration visa shall not be considered to have expired.

(d) If an immigrant is required by any law, or regulations or orders made pursuant to law, to secure the visa of his passport by a consular officer before being permitted to enter the United States, such immigrant shall not be required to secure any other visa of his passport than the immigration visa issued under this Act, but a record of the number and date of his immigration visa shall be noted on his passport without charge therefor. This subdivision shall not apply to an immigrant who is relieved, under subdivision (b) of section 13, from obtaining an immigration visa.

(e) The manifest or list of passengers required by the immigration laws shall contain a place for entering thereon the date, place of issuance, and number of the immigration visa of each immigrant. The immigrant shall surrender his immigration visa to the immigration officer at the port of inspection, who shall at the time of inspection indorse on the immigration visa the date, the port of entry, and the name of the vessel, if any, on which the immigrant arrived. The immigration visa shall be transmitted forthwith by the immigration officer in charge at the port of inspection to the Department of Labor under regulations prescribed by the Secretary of Labor.

(f) No immigration visa shall be issued to an immigrant if it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that the immigrant is inadmissible to the United States under the immigration laws, nor shall such immigration visa be issued if the application fails to comply with the provisions of this Act, nor shall such immigration visa be issued if the consular officer knows or has reason to believe that the immigrant is inadmissible to the United States under the immigration laws.

(g) Nothing in this Act shall be construed to entitle an immigrant, to whom an immigration visa has been issued, to enter the United States, if, upon arrival in the United States, he is found to be inadmissible to the United States under the immigration laws. The substance of this subdivision shall be printed conspicuously upon every immigration visa.

(h) A fee of $9 shall be charged for the issuance of each immigration visa, which shall be covered into the Treasury as miscellaneous receipts. DEFINITION OF IMMIGRANT. SEC. 3. When used in this Act the term “immigrant” means an alien departing from any place outside the United States destined for the United States, except

(1) a government official, his family, attendants, servants, and employees,

(2) an alien visiting the United States temporarily as a tourist or temporarily for business or pleasure,

(3) an alien in continuous transit through the United States,

(4) an alien lawfully admitted to the United States who later goes in transit from one part of the United States to another through foreign contiguous territory,

(5) a bona fide alien seaman serving as such on a vessel arriving at a port of the United States and seeking to enter temporarily the United States solely in the pursuit of his calling as a seaman, and

(6) an alien entitled to enter the United States solely to carry on trade under and in pursuance of the provisions of a present existing treaty of commerce and navigation. NON-QUOTA IMMIGRANTS. SEC. 4. When used in this Act the term “non-quota immigrant” means-

(a) An immigrant who is the unmarried child under 18 years of age, or the wife, of a citizen of the United States who resides therein at the time of the filing of a petition under section 9;

(b) An immigrant previously lawfully admitted to the United States, who is returning from a temporary visit abroad;

(c) An immigrant who was born in the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, or an independent country of Central or South America, and his wife, and his unmarried children under 18 years of age, if accompanying or following to join him;

(d) An immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of, carrying on the vocation of minister of any religious denomination, or professor of a college, academy, seminary, or university; and his wife, and his unmarried children under 18 years of age, if accompanying or following to join him; or

(e) An immigrant who is a bona fide student at least 15 years of age and who seeks to enter the United States solely for the purpose of study at an accredited school, college, academy, seminary, or university, particularly designated by him and approved by, the Secretary of labor, which shall have agreed to report to the Secretary of Labor the termination of attendance of each immigrant student, and if any such institution of learning fails to make such reports promptly the approval shall be withdrawn.

EXCLUSION FROM UNITED STATES. SEC. 13.

(a) No immigrant shall be admitted to the United States unless he

(1) has an an unexpired immigration visa or was born subsequent to the issuance of the immigration visa of the accompanying parent,

(2) is of the nationality specified in the visa in the immigration visa,

(3) is a non-quota immigrant if specified in the visa in the immigration visa as such, and

(4) is otherwise admissible under the immigration laws.

(b) In such classes of cases and under such conditions as may be by regulations prescribed immigrants who have been legally admitted to the United States and who depart therefrom temporarily may be admitted to the United States without being required to obtain an immigration visa.

(c) No alien ineligible to citizenship shall be admitted to the United States unless such alien (1) is admissible as a non-quota immigrant under the provisions of subdivision (b), (d), or (e) of section 4, or (2) is the wife, or the unmarried child under 18 years of age, of an immigrant admissible under such subdivision (d), and is accompanying or following to join him, or (3) is not an immigrant as defined in section 3.

(d) The Secretary of Labor may admit to the United States any otherwise admissible immigrant not admissible under clause (2) or (3) of subdivision (a) of this section, if satisfied that such inadmissibility was not known to, and could not have been ascertained by the exercise of reasonable diligence by, such immigrant prior to the departure of the vessel from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, prior to the application of the immigrant for admission.

(e) No quota immigrant shall be admitted under subdivision (d) if the entire number of immigration visas which may be issued to quota immigrants of the same nationality for the fiscal year already been issued. If such entire number of immigration visas has not been issued, then the Secretary of State, upon the admission of a quota immigrant under subdivision (d), shall reduce by one the number of immigration visas which may be issued to quota immigrants of the same nationality during the fiscal year in which such immigrant is admitted; but if the Secretary of State finds that it will not be practicable to make such reduction before the end of such fiscal year, then such immigrant shall not be admitted.

( f ) Nothing in this section shall authorize the remission or refunding of a fine, liability to which has accrued under section 16. DEPORTATION SEC. 14. Any alien who at any time after entering the United States is found to have been at the time of entry not entitled under this Act to enter the United States, or to have remained therein for a longer time than permitted under this Act or regulations made thereunder, shall be taken into custody and deported in the same manner as provided for in sections 19 and 20 of the Immigration Act of 1917: Provided, That the Secretary of Labor may, under such conditions and restrictions as to support and care as he may deem necessary, permit permanently to remain in the United States, any alien child who, when under sixteen years of age was heretofore temporarily admitted to the United States and who is now within the United States and either of whose parents is a citizen of the United States.

MAINTENANCE OF EXEMPT STATUS. SEC. 15.

The admission to the United States of an alien excepted from the class of immigrants by clause (2), (3), (4), (5), or (6) of section 3, or declared to be a non-quota immigrant by subdivision (e) of section 4, shall be for such time as may be by regulations prescribed, and under such conditions as may be by regulations prescribed (including, when deemed necessary for the classes mentioned in clauses (2), (3), (4), or (6) of section 3, the giving of bond with sufficient surety, in such sum and containing such conditions as may be by regulations prescribed) to insure that, at the expiration of such time or upon failure to maintain the status under which he was admitted, he will depart from the United States. SEC 28.

As used in this Act-

(a) The term “United States,” when used in a geographical sense, means the States, the Territories of Alaska and Hawaii, the District of Columbia, Porto Rico, and the Virgin Islands; and the term “continental United States ” means the States and the District of Columbia;

(b) The term “alien” includes any individual not a native-born or naturalized citizen of the United States, but this definition shall not be held to include Indians of the United States not taxed, nor citizens of the islands under the jurisdiction of the United States;

(c) The term “ineligible to citizenship,” when used in reference to any individual, includes an individual who is debarred from becoming a citizen of the United States under section 2169 of the Revised Statutes, or under section 14 of the Act entitled “An Act to execute certain treaty stipulations relating to Chinese,” approved May 6, 1882, or under section 1996, 1997, or 1998 of the Revised Statutes, as amended, or under section 2 of the Act entitled “An Act to authorize the President to increase temporarily the Military Establishment of the United States,” approved May 18, 1917, as amended, or under law amendatory of, supplementary to, or in substitution for, any of such sections;

(d) The term “immigration visa” means an immigration visa issued by a consular officer under the provisions of this Act;

(e) The term “consular officer” means any consular or diplomatic officer of the United States designated, under regulations prescribed under this Act, for the purpose of issuing immigration visas under this Act. In case of the Canal Zone and the insular possessions of the United States the term “consular officer” (except as used in section 24) means an officer designated by the President, or by his authority, for the purpose of issuing immigration visas under this Act;

(f) The term “Immigration Act of 1917” means the Act of February 5, 1917, entitled “An Act to regulate the immigration of aliens to, and the residence of aliens in, the United States”;

(g) The term “immigration laws” includes such Act, this Act, and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, or expulsion of aliens;

(h) The term “person” includes individuals, partnerships, cor porations, and associations;

(i) The term “Commissioner General” means the Commissioner General of Immigration;

(j)The term “application for admission” has reference to the application for admission to the United States and not to the application for the issuance of the immigration visa;

(k) The term ” permit ” means a permit issued under section 10;

(l) The term “unmarried,” when used in reference to any as of any time, means an individual who at such time is not married, whether or not previously married;

(m) The terms “child,” “father,” and “mother,” do not include child or parent by adoption unless the adoption took place before January 1, 1924;

(n) The terms “wife” and “husband” do not include a wife husband by reason of a proxy or picture marriage.

Introduction

The United States of America is a nation founded by immigrants. Since its formation, the country has attracted millions of immigrants from all over the world. The Immigrant and Nationality Act (INA) is one of the most important laws governing the entry and presence of foreign nationals in the United States. The act was established in 1952 and has undergone several amendments since then. This article aims to provide an in-depth analysis of the Immigration and Nationality Act, including its history, key provisions, and its impact on immigration policy in the United States.

History of the Immigration and Nationality Act

The Immigration and Nationality Act is the culmination of several immigration laws that were enacted by the US government over the years. The first immigration law enacted by the federal government was the Chinese Exclusion Act of 1882. This act was designed to restrict Chinese immigrants from entering the United States. The act was followed by other laws such as the Immigration Act of 1917, which established literacy tests for immigrants and banned immigrants from certain countries.

However, it was not until the Immigration and Nationality Act of 1952 that a comprehensive immigration law was enacted. This law abolished the national origins quota system that was established in 1924 and was based on the country of origin of the immigrant. The law also established a preference system that prioritized family reunification, economic needs, and skills of immigrants.

The act has undergone several amendments since then, including the Immigration Reform and Control Act of 1986, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the Enhanced Border Security and Visa Entry Reform Act of 2002, and the REAL ID Act of 2005, among others.

Key Provisions of the Immigration and Nationality Act

The Immigration and Nationality Act outlines the procedures for immigration to the United States, including the types of visas available, the eligibility criteria for obtaining a visa, the procedures for applying for a visa, and the grounds for inadmissibility and removal.

The Act provides for two main categories of visas: immigrant visas and non-immigrant visas. Immigrant visas are designed for foreign nationals who intend to live permanently in the United States. Non-immigrant visas are for foreign nationals who intend to visit or work temporarily in the United States.

The eligibility criteria for obtaining a visa vary depending on the type of visa. The requirements for an immigrant visa include sponsorship by a US citizen, lawful permanent resident or US employer, family reunification, and certain skills or qualifications. The requirements for a non-immigrant visa include a valid purpose for visiting or working in the United States, sufficient funds to support oneself during the stay, and a willingness to depart the United States at the end of the authorized period of stay.

The procedures for applying for a visa include submitting an application to the US Citizenship and Immigration Services (USCIS), attending an interview at a US embassy or consulate, and providing supporting documentation such as a passport, medical examination, and police clearance certificate, among others.

Inadmissibility and Removal

The Immigration and Nationality Act lists several grounds for inadmissibility and removal. These include criminal convictions, health issues, security concerns, misrepresentation or fraud, and public charge.

A foreign national can be denied admission to the United States if they have been convicted of a crime involving moral turpitude, controlled substances, or domestic violence. Additionally, a foreign national can be removed from the United States for committing crimes, violating terms of their visa, engaging in activities that threaten national security, or overstaying their authorized period of stay.

Impact of Immigration and Nationality Act on Immigration Policy

The Immigration and Nationality Act has had a significant impact on immigration policy in the United States. One of the most significant impacts of the act has been the shift towards family reunification, economic needs, and skills-based immigration.

Family reunification has been one of the top priorities of US immigration policy since the Immigration and Nationality Act was established. The act provides for immigrant visas for immediate relatives of US citizens and lawful permanent residents. This has led to a significant increase in the number of family-based visas issued each year.

The act has also prioritized economic needs and skills-based immigration. The preference system established by the act provides for immigrant visas for individuals with certain skills or qualifications deemed necessary for the US economy. This has led to an increase in the number of employment-based visas issued each year.

The act has also had an impact on immigration enforcement and border security. The act provides for the inadmissibility and removal of foreign nationals who pose a threat to US security, have health issues, or have committed crimes. This has led to a significant increase in the number of deportations each year.

Finally, the act has had a significant impact on the political debate surrounding immigration policy in the United States. The act has been the subject of several heated debates, with some advocating for stricter immigration policies and others advocating for more lenient policies.

Conclusion

The Immigration and Nationality Act is a critical piece of legislation governing immigration to the United States. The act outlines the procedures for immigration, including the types of visas available, the eligibility criteria for obtaining a visa, the procedures for applying for a visa, and the grounds for inadmissibility and removal.

The act has had a significant impact on immigration policy in the United States, particularly in the areas of family reunification, economic needs, and skills-based immigration. The act has also had an impact on immigration enforcement and border security and has been a subject of political debate.

Overall, the Immigration and Nationality Act is a vital piece of legislation that continues to shape immigration policy in the United States. As immigration continues to be a hot-button issue in the United States, it is likely that the act will continue to undergo amendments and revisions to reflect the changing political and economic landscape of the country.

Link to the Full Text

https://immigration.laws.com/immigration-and-nationality-act-text

The Immigration and Nationality Act in the United States

The Immigration and Nationality Act, often referred to as the INA, is a federal law and a basic act of immigration law. Prior to the Immigration and Nationality Act, there were a variety of different statutes which governed immigration law but were not consolidated in one location.

The Immigration and Nationality Act is divided into different titles, chapters, and sections. While the Immigration and Nationality Act stands alone as a separate body of law, it is also found in the United States Code.  The different sections of the Immigration and Nationality Act can be found by using its U.S. Code citation, or the INA citation.

Today, the Immigration and Nationality Act governs almost all immigration issues. The Act prohibits employers from hiring undocumented workers knowingly and also requires employers to verify the identity and work eligibility of their employees as stated on the IRS Form I-9. Additionally, the act prohibits job discrimination on the grounds of immigration status.

The Immigration and Nationality Act of 1952

The Immigration and Nationality Act 1952 is also called the McCarran-Walter Act, was the first act which consolidated immigration law into one body.

President Truman was concerned about the Immigration and Nationality Act due to decisions to keep the quota system for national origins and to create quotas for Asian countries based on race. The president vetoed the act because he felt the bill was discriminatory. However, his veto was overridden by Congress with a vote in the House of 278 to 113 and a vote of 57 to 26 in the Senate.

Many of the earlier immigration policies were incorporated into this act. However, there were also many new policy changes including:

Eliminating gender discrimination and racial restrictions.

Readjusting the quota formula used to restrict immigrants from certain countries.

Creating selective immigration to aliens with certain skills and family members of American citizens and alien residents through quota preferences.

Creating a reporting system for United States aliens to report their current residence to the INS annually.

Creating a central index of aliens for use by enforcement and security agencies.

Allowing the government to deport naturalized citizens or immigrants who engaged in subversive activities.

Restricting suspected subversives individuals from entering the United States.

Expanding the United States to include Puerto Rick, Guam, and the Virgin Islands.

Immigration and Nationality Act Amendments of 1965

The Immigration and Nationality Act 1952 Act was amended many times, but the biggest changes were made with the amendments in 1965.

Major amendments to the Immigration and Nationality Act included the following:

Eliminating the quota based on national origins as well as the race, ancestry, or national origin as a foundation for United States immigration.

Created a preference for individuals with special occupational training, skills, or abilities as well as for those who were relatives of American citizens or permanent residents.

Established two different categories of individuals (immediate relatives of American citizens and special immigrants) who were not subject to numerical restrictions.

Kept the quota restriction but expanded the limits globally by limiting immigration from the Eastern Hemisphere and for the first time setting a ceiling on immigration from the Western Hemisphere. Neither the 20,000 per-country rule nor the preference categories were applicable to the Western Hemisphere.

Created a prerequisite visa issuance where an alien worker could not replace a worker within the United States nor affect the working conditions or wages adversely of those similarly employed in the United States.

Congress passed this amendment with a 326 to 69 vote in the House and a vote of 76 to 18 in the Senate. The bill was signed into legislation by President Lyndon B. Johnson July 1, 1968.

How the Immigration and Nationality Act Affects Employment

The Immigration and Nationality Act makes it illegal for an employer to hire individuals who are not authorized to work in the United States knowingly. The act also requires employers to look over documents and to confirm the identities and work eligibility of potential employees.  Employers can hire individuals whose documents prove both identity as well as work authorization. Many different combinations of documents are acceptable as long as they all seem to be genuine documents.

Another policy of the act states that employers must treat all employees and applicants equally, regardless of status. Employers cannot discriminate during the hiring, referring, recruiting, or firing process. They are also not allowed to retaliate against individuals or employees who have participated in an investigation against the employer for discrimination or against those who have filed a charge for discrimination. Immigration-related employment discrimination includes being discriminated based on citizenship status, national origin discrimination, nationality, birth origin, accent, language, or appearance.

If an employer fails to verify the employment eligibility and identity of his or her employees, the employer is subject to punishment by fine. The United States Congress established the Office of Special Counsel to handle unfair employment practices based on immigration. Specifically, they enforce the policies of the act and also educate the public regarding employment discrimination related to immigration status.

Since 1987, the Office of Special Counsel has received over 6,000 different charges of discrimination that involve either citizenship status or national origin. Since this time, the agency has also collected nearly $2 million in the form of back pay to compensate those victims of employment discrimination. They have also assessed over $1.3 million for violations of the antidiscrimination provisions of the act through civil penalties. The Office of Special Counsel serves all American citizens, permanent residents, asylees, and refugees. Many of the individuals being serviced are from Asia or Latin America, whether native-born American citizens or newcomers.

The Selective Service Act: History, Purpose, and Significance

As the United States sought to contribute to the Allied Powers in World War I, President Woodrow Wilson and the Congress passed the Selective Service Act in 1917, establishing the conscription of men into military service. The law aimed to provide the necessary manpower to fight the war while preserving the nation’s freedoms and principles. In this article, we delve into the history, purpose, and significance of the Selective Service Act.

The Historical Context of the Selective Service Act

Before the enactment of the Selective Service Act, the United States had maintained a small professional army and a volunteer-based National Guard system. When World War I broke out in Europe, the U.S. initially declared its neutrality but later recognized the importance of contributing to the allied efforts. In 1916, the National Defense Act expanded the federal power to create a larger and more sophisticated army. However, voluntary enlistment and National Guard recruitment proved inadequate, and the U.S. entered the war with far fewer soldiers than its enemies.

As a result, President Wilson and the Congress passed the Selective Service Act on May 18, 1917. The act required all men from ages 21 to 30 to register for potential military service, with some exemptions for physical or mental disabilities, essential occupations, and religious or ethical beliefs. Under this law, more than 10 million men registered, and 2.8 million were drafted to serve in World War I. The conscription allowed for a much-needed expansion of the American Expeditionary Forces, which helped the Allies achieve victory.

The Purpose and Significance of the Selective Service Act

The Selective Service Act had several purposes, both immediate and long-term. First and foremost, the law aimed to provide the U.S. military with enough troops to fight effectively in World War I. The war was a total war that relied on the full mobilization of a nation’s resources, including its population. By drafting millions of men, the Selective Service Act bolstered the U.S. military’s numbers and thereby its chances of victory.

Secondly, the Selective Service Act demonstrated the government’s power to mobilize citizens for a common purpose. Conscription was an extraordinary measure that required a significant amount of public support and government legitimacy. The U.S. government had to convince the population that conscription was necessary for the survival of the nation and its values. The Selective Service Act also helped overcome internal divisions by making all men liable for military service, regardless of race, class, or ethnicity.

Finally, the Selective Service Act had long-term consequences for the nation’s relationship to war and military service. The act established the tradition of the draft, which would be used in several subsequent conflicts, such as World War II, the Korean War, and the Vietnam War. The draft became a contentious issue in American politics, as it raised ethical, legal, and practical questions about the role of the state in individual lives, the nature of military service, and the morality of war.

Conclusion

The Selective Service Act was an essential piece of legislation in U.S. history, both for its immediate contribution to the victory in World War I and its long-term impact on American society and politics. The Selective Service Act demonstrated the government’s power to mobilize citizens for a common purpose, regardless of their differences, and established the tradition of the draft that would be used in future conflicts. The Selective Service Act was also significant because it raised ethical, legal, and practical questions about the relationship between the citizen and the state, the nature of military service, and the morality of war. Ultimately, the Selective Service Act remains an important reminder of the costs and challenges of mobilizing a nation for war.

What is the Selective Service Act of 1917?

The Selective Service Act of 1917 set up the system that gives the federal government the power to maintain a database of all male citizens and immigrants between the age of 18 and 25 for possible conscription.  In the event of the reinstitution of a military draft, the Selective Service database will provide the information of men to be conscripted.

Why do I register for the Selective Service?

Regardless of political views or personal philosophy, registration with the Selective Service is mandatory 30 days after a male citizen or immigrant turns 18.  Failure to register with the Selective Service will disqualify the individual from receiving federal aid, such as student loans and grants.  Additionally those that do not register with the selective service are not eligible for federal employment and immigrants will not be eligible for citizenship.  Prosecution of individuals that do not register stopped in the 80s owing to the difficulty of proving that the failure to register was willful.  One can only be punished for failing to register if the government can prove that the non-registration was willful and the individual was well aware of the legal obligation.

Who has to register for the Selective Service?

There are very few exceptions to the Selective Service registration requirements.  Conscious objectors must register and can only note their objection to military service in the event that they are called for a draft.  All male immigrants of the appropriate age must register, including refuges and illegal immigrants.  The Selective Service does not investigate immigration status, but failure to register can disqualify any type of immigrant from future US citizenship.

Men with disabilities must also register as the system makes no differentiation.  If the draft were to be called, all potential recruits would be subject to examination, where they are likely to receive and exemption.  As long as the disabled man lives at home and can leave the house on his own accord, he must register.  Disabled men in institutions and hospitals need not register.

Men already in the military or in military academies do not need to register, although if they leave the service before they turn 26, they must register.  Non-immigrants, such as international students and tourists need not register for the Selective Service.

Males at least 17 years and 3 months can begin to register for the Selective Service with the information automatically added to the system once they turn 18.

How do I register for the Selective Service?

There are several ways to register for the Selective Service.

Generally, a man may go to the Post Office and fill out the form there, leaving the SS# space blank until he manages to obtain one.  The forms are available at all US Post Offices.

High School students may register at their school with a staff member that is a Selective Service Registrar, who trained and authorized to help students register in the system.

For college students, the easiest method is to fill out a Federal Student Financial Aid (FAFSA) application, usually required by most schools and “checking” Box 22 on the form to register.  Further instructions will be sent by the Department of Education.  For those filling out the form online, they will be directed to the Selective Service website with instructions.

Additionally, all males may register online at the Selective Service System website:

(https://www.sss.gov/RegVer/wfRegistration.aspx)

How would the Selective Service be used in the event of a draft?

If a draft were to be called by the President and approved by Congress in a time of crisis, then conscription will be used to bolster the volunteer army.  Selected Service Offices and Boards on the local and district level will be activated for the purposes of administering the draft.

A lottery will be organized and individuals will be drafted in order of age, with 20 year olds eligible for drafting first, picked by a lottery ball that corresponds to their date of birth.  The lottery then proceeds to 21, 22, 23, 24 and 25 year olds.  It will be rare to have a situation where 18 and 19 year olds are drafted, but their lottery order will proceed after the 25 year olds.  The lottery is a new provision to ensure fairness in drafting individuals and ending arbitrary terms in selecting individuals to be drafted.

After the conscripts are selected, the applicants must report for examination.  Should they pass the physical examination, the conscript will have ten days to file for an exemption, postponement or deferment.  All conscripts have the right to meet with the local board before being inducted to the military.  In the event that no exemption has been filed or that the claim has been denied, a local Selective Service Board will issue notices for the male to report for military induction at a processing station.  This entire process must take no more than 193 days to deliver recruits to the military.

How would one avoid military service if selected by the Selective Services?

There exists the process for men that pass medical evaluations to apply for certain classifications that would exempt them from military service.  These classifications include:

• 1-O Conscientious Objector- conscientiously opposed to both types (combatant and non-combatant) of military training and service – fulfills his service obligation as a civilian alternative service worker.

• 1-A-O Conscientious Objector – conscientiously opposed to training and military service requiring the use of arms – fulfills his service obligation in a noncombatant position within the military.

• 2-D Ministerial Students – deferred from military service.

• 3-A Hardship Deferment – deferred from military service because service would cause hardship upon his family.

• 4-C Alien or Dual National – sometimes exempt from military service.

• 4-D Ministers of Religion – exempted from military service.

Unlike previous wars, college students may no longer avoid military service by remaining in college until the age of 26.  The regulations defer the draft process until after the end of the current semester.

Conscientious Objectors must prove that the beliefs that bar him from military service play a central role in his life before the local board.  These beliefs are usually but not always religious and can be moral or ethical.  The reasons for objection cannot be political or motivated by self-interest.  The person’s lifestyle must reflect their beliefs.  An appeal can be filed with the Selective Service District Appeal board and the appeal may even proceed as high as the National Appeal Board if the district decision is not unanimous.

Some aliens, via treaty agreements with their home country can be exempted from American military service, although this option usually disqualifies that alien from US citizenship and reentry into the country.

What is Alternative Service?

Men that successfully receive conscientious objector status are placed the in the Selective Service Alternative Program.  From there, they will need to perform service vital to national health or safety.  This includes conservation, elder care, education and healthcare and typically lasts for 24 months.

What is the JAMRS?

Data collected from Selective Service is provided to the Joint Advertising Marketing Research & Studies, which is a Pentagon database of 16-25 year olds that collects personal information for recruitment purposes.  Data is also cleaned from the DMV and the College Board.  With this data, which includes racial and ethnic information, the Federal government will target individuals for recruitment.  Individuals can opt out of the database by sending a form letter (found here at www.nyclu.org/milrec/jamrs) directly to the program office.  The legality of this database was upheld in the court decision Hanson v. Rumsfeld although the DoD made concessions to enable opting out of the database and to “stop collecting Social Security Numbers, keep student information for only three years, restrict the ages of students included in the database, and maintain better privacy standards for student information.”

Source:

https://www.nyclu.org/milrec/jamrs

www.sss.gov