What is the Immigration and Nationality Act?
The Immigration and Nationality Act (INA), also known as the McCarran-Walter Act, is a federal law passed in 1952 that regulates all aspects of immigration and naturalization. The INA is the foundation for U.S. immigration and naturalization law and has been amended multiple times. Under the INA, non-citizens can be deported if they violate certain regulations. Deportation, also called removal, is the formal removal of an alien from the United States. In California, the process of deportation begins with a Notice to Appear before an Immigration Judge. A notice may be issued if an alien is accused of violating the INA or other immigration laws. The Notice to Appear will provide the date, time, and location for the hearing before the immigration judge. During the hearing, the alien will be asked to provide proof of legal status or any other defense against deportation. The judge will then determine whether removal is appropriate. If the judge orders removal, the alien will be deported and may be barred from returning to the United States for a certain period of time. Aliens who are deported may also be required to pay a fine and/or serve a jail sentence. It is important to note that the INA outlines the conditions for deportation. An individual may be deported for a variety of reasons, including living in the United States without legal permission, committing certain criminal offenses, or posing a threat to national security.
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