The Immigration and Nationality Act (INA) is a comprehensive federal statute in the United States that serves as the foundational body of U.S. immigration law. It is codified in Title 8 of the United States Code (U.S.C.) and governs all aspects of immigration, naturalization, and the exclusion of foreign nationals.
The INA was created in 1952 as the McCarran-Walter Act (Public Law No. 82-414) to solve the problem of having a variety of unorganized, existing immigration statutes by collecting and codifying them into a single, structured law.
The Act works by establishing the legal framework for entry, residence, and citizenship. Key mechanisms include the allocation of immigrant visas under INA Section 203, which sets numerical limitations for family-sponsored and employment-based immigrants. It also contains provisions for humanitarian relief, such as asylum under INA Section 208, and the authority for naturalization under INA Section 310.
The INA connects to several major amendments, most notably the Immigration and Nationality Act of 1965 (Hart-Celler Act), which replaced the discriminatory national origins quota system with a preference system favoring family reunification and skills. Enforcement is carried out by agencies within the Department of Homeland Security (DHS), such as U.S. Citizenship and Immigration Services (USCIS), and the Department of State (DOS).
The INA is constantly amended, but its basic structure remains. A recent change includes policy guidance on the public charge ground of inadmissibility under INA Section 212(a)(4), which became effective on December 23, 2022. Additionally, there have been recent policy updates regarding the application of detention mandates under INA Section 235(b)(2)(A).