How Immigration Law Has Shaped America
Immigration is a sensitive topic in the United States. It has been a contentious issue ever since the US gained independence from Great Britain in 1776. There have been periods of tension and discrimination, as well as challenges with immigration policies.
According to the 2018-2022 5-year American Community Survey (ACS) estimates, the number of foreign-born individuals in the US was 45.3 million. This is approximately 13.7% of the nation’s population. Interestingly, the number of foreign-born people rose by over 5 million over the past decade.
The ACS survey explains that immigrants made up over a fifth of the population in these 4 states:
- California (26.5%)
- New Jersey (23.2%)
- New York (22.6%)
- Florida (21.1%)
The Office of Homeland Security Statistics lists several countries as the leading places for the unauthorized immigrant population, including:
- Mexico
- Guatemala
- El Salvador
- Honduras
- Philippines
- Venezuela
- Colombia
- Brazil
- India
- People’s Republic of China
Over the years, immigration laws have not always been the same. They have evolved in ways that reflect the political, social, and economic climate of the time.
Table of Contents
- The role of law firms in interpreting and responding to change
- Shaping the future of the US through immigration law expertise
The legal evolution of immigration law and why it matters to all attorneys
The United States started regulating immigration after winning independence from Great Britain. Here are some key developments in immigration law from 1790 and why they matter to attorneys:
16th-18th centuries: European colonization of the Americas
America’s immigration story begins with European settlers in the 16th century. These settlers migrated to North America, searching for economic opportunities and a desire for land and resources. Some were also running away from religious persecution.
This migration came at a cost to America’s indigenous people, with European settlers eventually colonizing them. The treatment of the indigenous population set a precedent for immigration policies, which later disproportionately excluded non-European groups.
In the mid-1700s, British America had become a diverse network of colonies. Immigrants from Europe and slaves from Africa populated the Americas. As tensions grew, the American Revolution began, leading to the establishment of the US in 1776.
18th-19th centuries: Early American immigration policies
During the early years of the United States, immigration was largely unrestricted. Borders were open to all. The government encouraged immigration, since the country was vast and sparsely populated.
The first major immigration law that shaped America was the Naturalization Act of 1790. This act established the first rules for acquiring citizenship in the US. It excluded non-white people from naturalization. The Naturalization Act required immigrants to live in the US for 2 years and have “good character.”
The applicant must be a “free white person.” This meant blacks, indigenous people, and Asians weren’t eligible for citizenship.
In 1808, the US banned the importation of slaves. The move represents an early attempt to regulate immigration into the US.
The US closed its borders in the late 1800s. This was because of the rising number of immigrants and tough economic conditions.
In 1875, the Supreme Court declared immigration regulation a federal responsibility. This meant that immigration matters fell under the purview of the federal government, setting a precedent for future immigration laws.
During the same period, Congress began passing immigration laws, including:
- The Immigration Act of 1882 levied a tax of 50 cents on every immigrant, blocking the admission of “idiots, lunatics, convicts, and persons likely to become a public charge.”
- The Chinese Exclusion Act of 1882 banned Chinese workers from relocating to the US for 10 years. This was the first shift from race-based restrictions to nationality-based restrictions in US immigration laws.
- The Alien Contract Labor Laws of 1885 and 1887 barred employers from hiring foreign laborers under prearranged contracts. The aim was to protect US workers from cheap labor competition.
- The Geary Act of 1892 extended and strengthened the Chinese Exclusion Act of 1882. This act extended the ban on Chinese laborers for an additional 10 years. It also required Chinese residents to carry certificates of residency or face deportation.
Early immigration laws in the US would lay the groundwork for more restrictive policies in the 20th century.
20th century: The quotas era
There was a dramatic shift to restrictive immigration laws in the early 20th century.
In 1917, Congress passed a law that excluded the entry of anyone born in a geographic area known as the “Asiatic Barred Zone.” The Immigration Act of 1917 affected immigrants from the Middle East and Southeast Asia, except for the Japanese and Filipinos. Also known as the Literacy Act or the Burnett Act, this law required immigrants to take literacy tests and pay higher taxes.
Then followed the Emergency Quota Act of 1921 and the Immigration Act of 1924. These immigration laws established national origins quotas, limiting the number of immigrants allowed into the US from different countries. They favored immigrants from Western and Northern Europe.
The Immigration Act of 1924 also restricted immigration from Asia. This reflected the growing anti-Asian and anti-Semitic sentiments of the time.
For several decades, the quota system remained in place. This immigration law led to little immigration and significantly shaped America’s demographics. It locked out immigrants from many countries, particularly in Asia and Eastern and Southern Europe.
1960s to the present: Reforms and a new era of immigration in the US
In 1965, the Immigration and Nationality Act ushered in a new era of immigration laws. This act was a turning point in US immigration policy, abolishing the national quotas. Influenced by Cold War politics and the Civil Rights Movement, the act prioritized family reunification and skilled immigrants in admission decisions.
Since then, immediate family members of US citizens have made up the largest category of legal immigrants.
The Immigration and Nationality Act also places a cap on the number of visas issued annually. This led to an influx of immigration from Asia, Africa, and South America. It made the US demographic more diverse and multicultural.
Despite attempts by Congress and the federal government to regularize labor migration, unauthorized immigration persisted. Congress passed the Immigration Reform and Control Act of 1986 to address this issue by:
- Offering a path to legal residency for unauthorized immigrants.
- Increasing enforcement by the United States Border Patrol at the border.
- Prohibiting employers from knowingly hiring undocumented immigrants.
- Offering temporary visas for agricultural and other specialty workers, such as those working in mines.
- Offering amnesty to approximately 3 million undocumented immigrants.
At the turn of the 21st century, a million immigrants were entering the US every year. However, after the Sept 11 terror attacks in 2001, national security became a key immigration-related issue. After the George Bush administration put new security checks in place, the number of immigrants admitted into the US fell drastically.
These numbers rose during Obama’s two terms in office. In 2012, he announced an executive order called Deferred Action for Childhood Arrivals (DACA). The program offered two-year deportation deferrals, plus work permits and identity documents, to undocumented immigrants who arrived in the US as kids and had no criminal records.
In 2025, US immigration law continues to be a source of debate and controversy. The Donald Trump administration is pushing for the mass deportation of immigrants from the US. Departments such as the Immigration and Customs Enforcement (ICE) enforce federal laws governing immigration.
But why does this matter to attorneys? Immigration law intersects with many practice areas, including:
- Criminal law: Addresses deportation risks.
- Family law: Handles divorce and sponsorship cases.
- Civil rights: Addresses detention and raids that affect marginalized clients.
- Employment law: Deals with work visas and audits during business immigration.
- Public policy: Influence refugee and asylum systems.
Diverse clients need culturally aware representation, and an understanding of immigration law helps attorneys meet these demands.
Practice management and business opportunities
Immigration law creates opportunities for law firms all across the US. As an attorney, you can expand your offerings by adding immigration expertise to your current services.
For instance, immigrants looking for employment-based visas, such as the H-1B and L-1, need expert guidance from employment lawyers. The H-1B program is a temporary visa that allows non-immigrant aliens to enter the US as workers in specialty occupations.
In contrast, the L-1A non-immigrant visa allows a US employer to transfer an employee from a foreign branch to work at a related US entity. Picture the head of cybersecurity at Amazon UK joining Amazon headquarters in Seattle, Washington, for a few months. They’d require an L-1 visa to work in the US.
Family lawyers also come in handy when handling family reunification cases. They can help in cases that involve child custody and can also file petitions.
Deportation defense is also important, especially with shifting immigration policies in Trump’s administration. Attorneys can expand into these areas to meet client needs.
Law firms can train staff to handle immigration inquiries. They can also use case management software to track visa deadlines while building networks with immigration specialists for referrals. These steps improve client experiences and streamline workflows.
Diverse communities all across America need legal help in immigration-related matters. Firms serving these groups can gain loyal clients. For instance, a law firm in Texas could hire Spanish-speaking staff to broaden its client base.
Another law firm in Florida could offer pro bono asylum consultations, earning community trust.
The role of law firms in interpreting and responding to change
New legislation, judicial rulings, and executive actions regularly redefine immigration policies. For individuals and businesses facing immigration issues, law firms are policy interpreters and advocates for immigrant rights.
Attorneys must understand US immigration law. They must also know how courts and federal agencies apply and enforce the law. This requires continuous monitoring of developments at the federal and state levels.
Legal teams often translate dense government memos into digestible information. They prepare clients for how shifts in administrative priorities may affect their ability to secure asylum or permanent residency.
Real-time responsiveness
Immigration law firms often must respond within hours to sudden legal changes. For instance, a court order suspending a travel ban may trigger a narrow window in which affected clients can act. Legal teams race to communicate these changes through email updates or urgent consultations.
Educating clients
Many firms now prioritize client education as part of their services. They host webinars and maintain FAQ pages to help clients stay informed. This builds trust and reduces confusion, especially for those affected by sudden regulatory changes or inconsistent adjudication practices.
Adapting services to external events
Law firms must also shift their strategies in response to global or national events. Take the COVID-19 pandemic, for instance. It disrupted visa processing worldwide.
Attorneys adapted by helping clients reframe their timelines. They also looked into alternative ways, such as remote work visa options.
Another instance is the Russian invasion of Ukraine. Many immigration attorneys restructured their services to accommodate Ukrainians seeking Temporary Protected Status (TPS) or humanitarian parole.
In response to situations involving US immigration laws, Martindale-Avvo can support partner law firms by:
- Delivering targeted digital marketing solutions: Martindale-Avvo provides advanced digital marketing tools, including SEO-optimized content and pay-per-lead services. This can help you reach immigrant communities with content addressing their specific legal needs, such as TPS applications.
- Creating specialized immigration landing pages: Through our WebVantage service, we help law firms design custom, responsive landing pages focused on immigration services. Combined with integrated live chat and clear calls to action, this can improve lead generation.
- Providing strategic client messaging guidance: Our legal marketing experts offer consultations on crafting empathetic, culturally sensitive messaging. This helps firms build trust with affected communities during humanitarian crises or mass deportation events.
- Facilitating multilingual content creation: Martindale-Avvo supports firms in publishing blog posts and videos in languages, including Spanish and Arabic.
- Upgrading online reputation management: Using ProVantage, we help firms to showcase client reviews and peer endorsements across our networks. This builds credibility and attracts clients seeking knowledgeable immigration attorneys.
As immigration law continues to change under Trump’s administration, so must the strategies law firms use to engage clients. With Martindale-Avvo, you position yourself and your firm as trusted advocates in immigration matters.
Shaping the future of the US through immigration law expertise
Changes in a US administration typically signal shifts in foreign policy. With the Trump administration in office, we are witnessing mass deportations of immigrants all over the US. Such trends shape client needs.
If you are looking to up your immigration law game, Martindale-Avvo can help. Our industry-leading expertise offers you the tools you need to reach and connect with potential clients. Contact us today to learn more about what we can do for your law firm.
