The executive branch of the federal government, acting under statutes passed by Congress, has wide power to regulate immigration into the United States. The basic statute governing immigration is the McCarran-Walter Act, the Immigration and Nationality Act of 1952 (INA), ch. 477, 66 Stat. 163, codified in the United States Code, Title 8: Aliens and Nationality. Since 1952 Congress has frequently amended this Act, the most substantial recent amendment being the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. 104-208, 110 Stat. 3009.

Until November 2002, the central immigration agency was the Immigration and Naturalization Service, a bureau of the Department of Justice. The Homeland Security Act, Pub.L. 107-296, §§ 441 et seq., 116 Stat. 2192 ff, however, abolishes I&NS and transfers many of its functions to a new Department of Homeland Security.

Several federal agencies have jurisdiction over various aspects of immigration law and alien activities.

Consuls issues visas required initially to enter U.S. Denial appeals may go to DOS Visa Office for advisory opinions; but under the Homeland Security Act, § 428, codified at 6 USC § 236, the Secretary of Homeland Security has the ultimate authority to refuse visas.

regulations: 22 CFR pts. 40 et seq.

manual: Foreign Affairs Manual (reprinted in Gordon & Mailman, Immigration Law and Procedure)

website: http://www.travel.state.gov/

B. Department of Labor

 Grants certification allowing aliens to obtain permanent employment in U.S.; appeals go to Board of Alien Labor Certification Appeals (BALCA)

regulations: 29 CFR pts. 504 et seq., 655-656

website: www.oalj.dol.gov/libina.htm

C. Department of Justice

1. Executive Office for Immigration Review (EOIR): Statutorily recognized by the Homeland Security Act, § 1101, codified at 6 USC § 521, this Office oversees the adjudication of administrative actions taken by the immigration bureaus of the Department of Homeland Security. Website: www.usdoj.gov/eoir

a. Immigration Courts: preside over deportation and exclusion hearings; appeals to Board of Immigration Appeals

b. Board of Immigration Appeals (BIA): hears appeals from immigration judges and certain determinations of INS district directors; BIA decisions may be reviewed by Attorney General; for jurisdiction, see 8 CFR § 3.

c. Office of the Chief Administrative Hearing Officer (OCAHO): Hears complaints regarding employment of illegal aliens and employer discrimination on basis of national origin or citizenship. Such cases are investigated by the Office of Special Counsel for Immigration-Related Unfair Employment Practices.

2. Administrative Appeals Office (AAO)

Heats appeals from most determinations of Homealnd Security district directors and  regional service centers; for jurisdiction, see 8 CFR 103.

D. Department of Homeland Security:

Under the Homeland Security Act, § 452, codified at 6 USC § 272, a Citizenship and Immigration Services Ombudsman is to monitor performance of the Department's immigration bureaus, facilitate the solution of immigration issues, and periodically report to Congress. immigration regulations: 8 CFR

website: http://www.dhs.gov/

1. Bureau of Citizenship and Immigration Services:

website: http://www.bcis.gov/

Processes all immigrant and non-immigrant benefits provided visitors fo the U.S., including such things as applications of family members and prospective employees to immigrate; adjudication of asylum and refugee proceedings; and approval of naturalization applications. Operates through application support centers, service centers, field offices, national customer service call centers (NCSC), and forms centers. Relies on the following documents (available on its website and in some cases in Gordon & Mailman, Immigration Law and Procedure) to supplement and clarify the statute and regulations:

Operating Instructions: formal agency procedures

Interpretations: informal opinions on recurring issues Handbooks and Manuals: publications for public information

Immigration policy and procedural memoranda: announcements of new or changed agency policies

2. Bureau of Immigration and Customs Enforcement:

website: http://www.bice.immigration.gov/

Enforces immigration and customs laws through investigations of possible statutory violations, detention and removal of removable aliens, and collection of immigration intelligence. Operates through border and interior enforcement field offices and immigration detention facilities. In addition to other guidance material on its website, relies on its Immigration Detention Operations Manual.

3. Bureau of Customs and Border Protection:

website: http://www.cbp.gov/

Enforces immigrations and customs laws at ports of entry.

Judicial review of administrative actions in the immigration context is very limited. Consular denials of visas cannot be judicially reviewed (22 F.2d 290). The U.S. courts of appeals, subject to strict limitations, can review alien removal orders (INA § 242). District courts can review labor certification orders (§ 279), citizenship claims (sec. 360), and naturalization determinations (§ 336).

For a basic introduction to immigration law, see D. Weissbrot, Immigration Law and Procedure in a Nutshell (3d ed., 1998); and for standard one-volume sources, see American Immigration Lawyers Assn., Selected Fundamentals of Immigration Law and Practice (annual), and Kurzban's Immigration Law Sourcebook (8th ed., 2003). Vols. 18 and 18A of Federal Procedure L.Ed. (1981-) provide a convenient survey of immigration practice and judicial review, and 10C Federal Procedural Forms L.Ed., chp. 40, collects pertinent practice forms.

Below is a brief, incomplete list of some of useful sources for immigration law research. For a more complete list, check the subject catalog under the entries "Emigration and Immigration" and "Emigration and Immigration Law." Most of the library's immigration materials are classified in the treatise collection under the call numbers KF 4800 et seq., or in the federal documents under USdoc J21 et seq.(Justice) and HS1 (Homeland Security).

INTERNATIONAL LAW

Plender, R., Basic Documents on International Migration Law (1988)

Goodwin-Gill, G., International Law and the Movement of Persons Between States (1978)

Hannum, H., The Right to Leave and Return in International Law and Practice (1987)

RESEARCH GUIDE

Chanin, L., "Immigration Law," chp. 8 of Specialized Legal Research (1987-): good survey of legal research materials in the field.

LEGISLATIVE HISTORY COLLECTIONS

Hutchinson, E., Legislative History of American Immigration Policy, 1798-1965 (1981)

Immigration and Nationality: Legislative Histories and Related Documents, 1952-1978 (1979-), 32 vols. to date

Montwieler, N., The Immigration Reform Law of 1986: analysis, text, and legislative history (1987)

REPORTERS

Administrative Decisions Under Immigration and Nationality Laws of the United States (1940-) (USdoc J21.11)

Official decisions of BIA and predecessor agencies. Cited as I. & N. Dec. Slip decisions appear as Interim Decisions (USdoc. J21.11/2), which until printed are cited by number. Some decisions, vol. 10 on, are available on the INS homepage, arranged by subject.

Bender's Immigration Case Reporter (formerly Immigration Law and Procedure Reporter) (1985-): annual, looseleaf volumes printing text of federal court opinions, decisions of BIA and Administrative Appeals Office, and Labor Certification appeals. Bulletin Volume contains monthly bulletin, text of 8 USC and of agency regulations, proposed regulations and statutes, and official forms. Practice Materials Volume contains practice pointer articles and finding aids (including tables of cases and docket numbers, and tables of occupations).

DIGESTS

Patel's Immigration Law Digest, 4 vols. (1940-): digests administrative decisions under immigration and nationality laws.

West's Federal Digests: digests federal court opinions under topic "Aliens."

American Law Reports (ALR) Annotations: check Index to Annotations under headings "Aliens" and "Immigration and Naturalization."

CITATORS

Danilov's U.S. Immigration Law Citator

Patel's Citations of Administrative Decisions Under Immigration and Nationality Laws

Shepard's Immigration and Naturalization Citations

Covers BIA decisions, federal court opinions, and citations to 8 USC and CFR.

ONLINE SOURCES

1. WESTLAW and LEXIS carry decisions of the immigration adjudicatory bodies (such as BIA); federal court immigration opinions; related statutes, regulations, and some secondary sources

2. INTERNET (a few sites of many)

Center for Immigration Studies: http://www.cis.org/

American Immigration Lawyers Assn: http://www.aila.org/

Asylum.Org: http://www.asylumlaw.org/

National Immigration Law

Forum: http://www.immigrationforum.org/

MAJOR TREATISES

Gordon, C., and Mailman, S., Immigration Law and Procedure (rev. ed., 1988-): in addition to treatise, appendix volumes print primary sources including Immigration and Nationality Act, agency regulations and issuances, and Dept. of State Foreign Affairs Manual. Final two volumes contain "practice and strategy" for immigration practitioners.

Immigration Law Service (1985-): treatise, plus primary sources, including Immigration and Nationality Act, 8 USC annotated, table correlating Act and code, INS and other agency regulations and other issuances, and Dept. of State's Foreign Affairs Manual. Last volume contains newsletter, index, and tables.

PERIODICALS AND ANNUALS

In general, check the Index of Legal Periodicals under the heading "Immigration and Emigration" and the cross-references listed thereunder; and the Current Law Index and LegalTrac under the heading "Emigration and Immigration Law" and the cross-references listed thereunder, and under headings beginning "Immigration. . . ."

Some Standard Periodicals:

Georgetown Immigration Law Journal (continuing Law Reporter)

Immigration and Nationality Law Review

Immigration Briefings

Immigration Journal

INS Reporter

Annuals

In Defense of the Alien (1978-)

PLI Basic Immigration Law (1989-)

PLI Immigration and Naturalization Law Institute