How Laws are made?
Immigration Laws: How Are They Made?
From Jennifer & Peter Wipf,
http://immigration.about.com/od/ussocialeconomicissues/a/lawmaking.htm
Understanding Legislation Step by Step
The process of making an immigration law (or any other law for that matter) is quite complex and time-consuming. This article explains the process of lawmaking (legislation) and the difference between a law and a bill.
For future immigrants or anyone involved in immigration, reading about new immigration laws in newspapers or hearing about it from other people can be confusing. You might read about a new rule that will make it harder for certain people to enter the country, driver’s licenses that are harder to get, and many more regulations. When you talk to people, it seems everybody knows something about recent immigration law changes, but often times, facts get mixed up and leave immigrants wondering what is going to happen next. Even journalists get it wrong and once in a while write about a new immigration law that is in fact still a bill in need of approval from one of the legislative parties, and therefore might never see the light of day.
One of the greatest things in a democracy is that anyone can draft a bill and thereby shape our society.
In the United States, only members of Congress can introduce legislation. Usually, interest groups and lobbies promote their cause by urging Congressmen to consider their proposals for introduction in Congress. In Switzerland for example, anyone can draft a bill or initiative as they call it, gather 100,000 signatures and send it to Congress, where it goes through the legislative mill before it becomes law or gets dropped. How does the process work in the United States? If a member of Congress decides to introduce legislation, he becomes the sponsor. Basically, there are four types of legislation: bills, joint resolutions, concurrent resolutions, and simple resolutions. The legislative process starts:• When a bill or a resolution is labeled and numbered, for example H.R. 1234 or S. 1234, H.R. standing for House of Representatives (short: House) bill or S for Senate bill• When the bill or resolution is referred to a committee and the Government Printing Office prints the document From here on, the bill or resolution (in this article referred to as “motion”) enters a 13 step program: 1. Referral to Committee: Motion is referred to a committee in the House or Senate.2. Committee Action: Motion is put on calendar of committee and either examined by the committee or referred to a subcommittee, such as the House Immigration Subcommittee. If the committee doesn’t do anything with the motion, it dies.3. Subcommittee Review: The Subcommittee reviews the motion and holds hearings for the public that usually include experts in the field, members of the executive and other supporters or opponents.4. Mark Up: After the hearings, the subcommittee might make changes and amendments to the motion before it passes it on (“report legislation”) to the full committee. If the subcommittee votes not to pass on the motion to the full committee, it dies.5. Committee Action to Report a Bill: The full committee can hold further hearings or vote on the proposed changes, and then refer it to the House or the Senate. This process is known as ”ordering a bill reported.”6. Publication of a Written Report: The committee prepares a report of the motion that includes the objective and the effect on existing laws, and the position of committee members and members of the executive.7. Scheduling Floor Action: The motion is put on the calendar of the House or the Senate. The majority leader and the Speaker determine when a motion is debated on the floor.8. Debate: Rules determine how and how long a motion is debated on the Senate or House floor.9. Voting: Once the debate is over and possible amendments have been made, the members vote to either pass the motion or defeat it.
