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Immigration & Naturalization Law Overview
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Laws & Statutes |
- U.S. Immigration Law (Title 8, United States Code)
Since 1875, Congress has regulated immigration to the United States. In 1952, Congress compiled the immigration laws and enacted the Immigration and Nationality Act of 1952 (INA). Congress has amended and added to the INA many times, including, but not limited to, in 1965, 1986 (with the Immigration Reform and Control Act of 1986), 1990 (with the Immigration Act of 1990), 1996 (with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), and 2001 (with the USA Patriot Act). The INA and its amendments appear in Title 8 of the United States Code. State governments are generally not part of the immigration puzzle.
- U.S. Immigration Law (Title 8+, Code of Federal Regulations)
The Department of Homeland Security ("DHS"), the Department of Justice ("DOJ"), and the Department of State ("DOS") administer and enforce the INA and its amendments using their own regulations. The Departments' regulations appear in various titles of the Code of Federal Regulations ("CFR"), including 6, 7, 8, 20-22,28,32,42 and 45. The CFR is arranged by subject title and generally parallels the structure of the United States Code. The USCIS provides online access to the applicable CFR titles.
- U.S. Immigration Law (Decisions of the Board of Immigration Appeals)
Immigration Judges interpret and apply the Immigration and Nationality Act (Title 8, U.S. Code). The decisions of the Immigration Judges on the Board of Immigration Appeals ("BIA") regulate the actions of DHS. Decisions of the BIA are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a Federal court. The BIA is considered part of the Department of Justice. The USCIS provides online access to opinions of the BIA.
- U.S. Immigration Law (Decisions of all Federal Courts)
Federal Courts also interpret and apply the Immigration and Nationality Act and its numerous amendments (Title 8, United States Code). The decisions of the Federal Courts govern the actions of the Immigration Judges and the DOJ, DOS, and DHS. The official site for the United State's Courts provides links to each individual federal court. Published opinions of the Courts of Appeals and the Supreme Court can be found on their websites. |
Government, Agencies & Courts |
- US Citizenship and Immigration Services
In 2002, Congress passed The Homeland Security Act of 2002 which, among other things, created the United States Citizenship and Immigrations Services (USCIS). On March 1, 2003, the, now former, Immigration and Naturalization Service (INS) transitioned into the USCIS. The priorities of the USCIS are to promote national security, continue to eliminate immigration case backlogs, and improve customer services.
Through a network of local offices, Application Support Centers, Service Centers, local area immigration services field offices, National Customer Service Call (NCSC) Centers, Forms Centers, and the Internet, USCIS processes all immigrant and non-immigrant benefits provided to visitors of the United States.
The USCIS' website is a comprehensive resource for anyone in need of information on U.S. Immigration law and procedures.
- Department of State
The Department of Justice, along with the Department of Homeland Security and the Department of State, administer and enforce the Immigration and Nationality Act and its amendments.
- Department of Justice
The Department of Justice, along with the Department of Homeland Security and the Department of State, administer and enforce the Immigration and Nationality Act and its amendments. The Department of Justice's website includes an "Immigration Information" section.
- Department of Homeland Security's Immigration and Customs Enforcement
The U.S. Immigration and Customs Enforcement (ICE) is part of the Deparment of Homeland Security. ICE is charged with the responsibility of investigating and enforcing federal immigration laws, customs laws, and air security laws. ICE's website provides information about the agency as well as its successful actions.
- Department of Homeland Security's Customs and Border Protection
The U.S. Customs and Border Protection (CBP) is part of the Department of Homeland Security. The CBP protects our borders. The CBP's website provides information on the agency and its efforts.
- Department of Homeland Security
The Department of Homeland Security, along with the Department of Justice and the Department of State, administer and enforce the Immigration and Nationality Act and its amendments. The Department of Justice's website includes an "Immigration and Borders" section.
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Related Resources |
- Library of Congress - Immigration History
The Library of Congress provides a large list of immigration links primarily regarding the history of immigration. - American Family Immigration History Center
The website of the Statue of Liberty - Ellis Island Foundation. The site allows user to search immigration records. - The National Immigration Forum
The National Immigration Forum's website offers resources for immigrants, service providers, local governments, and community-based organizations interested in learning how, together, they can work to successfully integrate immigrants into the social and political fabric of the U.S. |
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Raul A. Canez Canez and Associates, PLLC (817) 886-0651 Fort Worth, TX
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