Isabella Carter
Title 8 of the United States Code, also known as the Code of Federal Regulations (CFR), is a body of federal law that deals with immigration and nationality. It contains the codified federal laws and regulations pertaining to immigration and naturalization to the United States. The CFR is the official legal publication that includes the general and permanent rules published in the Federal Register by federal departments and agencies. It was last amended on May 18, 2025, and is continuously updated online through the Electronic Code of Federal Regulations (eCFR). Title 8 has been enacted as positive law and includes major federal acts such as the Immigration and Nationality Act of 1952, which modified the national origins quota system, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which authorized greater resources for border enforcement and introduced new restrictions on asylum applications. The constitutionality of Title 8 ensures that federal laws and regulations regarding immigration and nationality are clearly defined and accessible to the public.
| Characteristics | Values |
|---|---|
| What is it? | Title 8 of the Code of Federal Regulations (CFR) contains the codified federal laws and regulations pertaining to immigration and naturalization to the US. |
| Legal status | It has been enacted as positive law. |
| Basis | The Immigration and Nationality Act of 1952, also known as the McCarran-Walter Act, forms the foundation of Title 8. |
| Recent amendments | Last amended on 18 May 2025. |
| Online access | The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. However, it is not an official legal edition. |
| Vaccination requirements | Title 8 includes vaccination requirements for aliens, with certain exemptions on medical or religious grounds. |
| Drug abuse | Title 8 includes regulations regarding aliens who are determined to be drug abusers or addicts. |
| Criminal history | Title 8 outlines how an alien's criminal history may impact their visa application or admission to the US, with specific provisions for crimes committed as a minor and maximum penalty thresholds. |
| Civil penalties | The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 introduced civil penalties for attempting to cross the US border illegally. |
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What You'll Learn
Title 8 and immigration law
The INA also codified and compiled existing laws from various sources into a single text. Although the national origins quota system was eliminated by legislation in 1965, the remainder of the law forms the foundation of Title 8. The Illegal Immigration Reform and Immigrant Responsibility Act, passed by Congress in 1996, is another example of legislation that has been incorporated into Title 8. This act authorized greater resources for border enforcement, such as new fencing near San Diego, California, and enacted civil penalties for illegal border crossings.
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Title 8 and nationality law
The 1952 Act also codified and compiled existing laws from a variety of sources into a single text. Although the national origins quota system was eliminated by legislation adopted in 1965, the remainder of the law forms the foundation of Title 8. Title 8 has been enacted as positive law.
The Illegal Immigration Reform and Immigrant Responsibility Act was passed by Congress in 1996 and signed into law by President Bill Clinton. This law authorised greater resources for border enforcement, such as the construction of new fencing near San Diego, California, and enacted civil penalties for attempting to cross the border illegally. It amended regulations regarding the removal of individuals residing in the country without legal permission by prohibiting legal re-entry for a certain period and introducing a process for expedited removal. The law also applied new restrictions to the asylum application process.
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Title 8 and the Illegal Immigration Reform and Immigrant Responsibility Act
IIRAIRA authorized increased resources for border enforcement, including the construction of new fencing near San Diego, California, and implemented civil penalties for illegal border crossing attempts. It also amended regulations regarding the removal of individuals residing in the country without legal permission, prohibiting legal re-entry for a specified period and introducing an expedited removal process. The Act further applied new restrictions to the asylum application process and expanded the definition of aggravated felonies, resulting in more severe immigration consequences for convicted aliens.
In addition, IIRAIRA imposed new regulations on public charge determinations for aliens seeking admission. It requires that sponsors provide an affidavit of support, agreeing to maintain the sponsored alien at an annual income above the federal poverty guidelines until they become a naturalized citizen. The Act also expanded restrictions on federally distributed post-secondary education funds, impacting the eligibility of illegal immigrants for state-funded educational benefits.
IIRAIRA has faced criticism for its restrictive nature and reduction of due process rights for certain individuals in removal proceedings. The expansion of aggravated felonies, intensified funding for border militarization, and limitations on court jurisdiction have all been subjects of critique. Despite this, President Clinton defended the legislation as strengthening the rule of law by targeting illegal immigration while not punishing legal residents.
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Title 8 and the McCarran-Walter Act
The McCarran-Walter Act modified the national origins quota system, which had been established under the Immigration Act of 1924. The national origins quota system set limits on the number of individuals from any given nation who could immigrate to the United States. The 1952 Act retained a quota system for nationalities and regions, but it also abolished racial restrictions found in United States immigration and naturalisation statutes going back to the Naturalization Act of 1790. The Act established a preference system that determined which ethnic groups were desirable immigrants and placed great importance on labour qualifications. It also introduced a system of preferences based on skill sets and family reunification.
The McCarran-Walter Act allowed people of Asian descent to immigrate and become citizens, which had been previously banned by laws like the Chinese Exclusion Act of 1882 and Asian Exclusion Act of 1924. Chinese immigration, in particular, had been allowed for a decade before McCarran-Walter by the Magnuson Act of 1943, which was passed due to America's World War II alliance with China. Japanese Americans and Korean Americans were first permitted to naturalize by the McCarran-Walter Act. The Act repealed the last of the measures to exclude Asian immigration, giving each Asian nation a minimum quota of 100 visas each year and eliminating laws preventing Asians from becoming naturalized American citizens.
The Illegal Immigration Reform and Immigrant Responsibility Act was passed by Congress in 1996 and signed into law by President Bill Clinton. This law amended regulations regarding the removal of individuals residing in the country without legal permission and applied new restrictions to the asylum application process.
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Title 8 and the Code of Federal Regulations
The Illegal Immigration Reform and Immigrant Responsibility Act was passed by Congress in 1996 and signed into law by President Bill Clinton. This law authorized greater resources for border enforcement, such as the construction of new fencing, and enacted civil penalties for attempting to cross the border illegally. It also amended regulations regarding the removal of individuals residing in the country without legal permission and introduced a process for expedited removal, as well as applying new restrictions to the asylum application process.
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Frequently asked questions
Title 8 of the Code of Federal Regulations (CFR) contains the codified federal laws and regulations pertaining to immigration and naturalization to the United States.
The McCarran-Walter Act, or the Immigration and Nationality Act of 1952, modified the national origins quota system and compiled existing laws into a single text. The remainder of the law after the quota system was eliminated in 1965 forms the foundation of Title 8.
The eCFR, or Electronic Code of Federal Regulations, is a continuously updated online version of the CFR. It is not an official legal edition of the CFR, which is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register.
