As the debate over immigration continues, the issue that whether immigration is a federal law or state law has become heated again. So it is important to understand how states, as well as the federal government, view this highly controversial matter.

Is immigration a federal law? What is a federal law? Is federal law the same as state law or are they different? If not, what do they mean?

These are the questions that can confuse the immigrants. If you have any issue with your immigration application, try to get the best immigration lawyers in UK.

There are a lot of questions surrounding the immigration laws and advocates of enforcing the law have sometimes questioned whether immigration law is really a federal responsibility, or is just another way for the government to take control.

Today we will try to cover this topic as much as possible.

What Is The Difference Between Federal And State Immigration Law?

The federal government requires the assistance of the state and local government for immigration-related matters.

But there is a difference between how the federal government handles immigration and how states enforce it. Having a prior understanding of these differences will help you in your immigration application.

In the constitution, the federal government has power over all states. Therefore, whatever law the federal government makes reigns power over all the states and its citizens. But since states have some level of autonomy, states themselves have their laws as well which vary from state to state.

That is why it is often difficult for immigrants to understand the incoherence between these laws that often arise due to conflicting interpretation of some statutes. This results in a lack of clarity in the immigration application procedure.

The Supremacy Clause

Although the states can make their own laws for their regulations, immigration laws are exclusively dealt with by the federal government. According to the supremacy clause, only the federal government can enforce immigration laws and states cannot interfere with it.

Can States Get Involved In Immigration?

Although the federal government has the supreme power to enforce immigration laws, the power is not arbitrary. There are several ways through which states can intervene in an immigration case. Some exceptions are allowed to states by the federal government itself to prevent and regulate undocumented migrants.

State governments can assist in making laws to control the use of public programs. The applicants of such programs may first have to verify their immigration status before acquiring any benefit from these programs.

States can also assist the federal government in executing orders regarding immigration procedures which includes, detaining illegal immigration, checking for illegal documents, doing background checks, etc.

Bottom Line

Immigration law is in essence a federal law, but for execution, states can be called in to intervene to assist the federal government. There can be major confusion if you got into an immigration issue, and you are going to need an experienced immigration solicitor to process your case. You should immediately start looking for legal services if you have been convicted of an immigration offence or have an issue regarding your application.