The Immigration and Nationality Act (INA) was enacted in 1952. Although frequently amended, the Act still forms the basic structure of immigration law in the United States. Prior to enactment of the INA, immigration law was governed by a variety of statutes but they were not consolidated in one location. Also known as the McCarran-Walter Act, the INA collected and codified many existing provisions and reorganized the structure of immigration law.
The INA is Public Law No. 82-414 and is published in the Statutes at Large at 66 Stat. 163The Immigration and Nationality Act (INA) is codified in various sections of Title 8 of the United States Code
Provides full text of key immigration laws back to the Naturalization Act of 1790From Immigration to the United States, 1789-1930, Open Collections Program, Harvard University Library
Fact sheet quide and timeline of all major U.S. immigration laws from MPI Migration Policy Institute AILALink This link opens in a new windowProvides access to the Immigration & Nationality Act (INA); Title 8 USC Provisions Not in the INA; Additional Statutory Provisions Including the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 IIRAIRA (as amended); and Public Laws back to the 103rd Cong. (1993-94)
Federal Statutory Law
Statutes currently in force regarding immigration in the United States are found in the following titles of the United States Code (U.S.C.):
The United States Code is available online and in print from several sources including:
This site contains virtual main editions of the U.S. Code back to the 1994 edition. PDF and text file formats are available.
U.S.C. version from the Office of the Law Revision Counsel in the U.S. House of Representatives Westlaw This link opens in a new window
Title 6, Ch. 1, Subchapter IV - Border, Maritime, and Transportation Security
Title 8 - Aliens & Nationality
Title 18, Chapter 69 - Nationality & Citizenship
Title 18, Chapter 75 - Passports & Visas
Practice Areas > Immigration > Statutes & Court Rules provides annotated versions of:
Title 6, Ch. 1, Part IV - Directorate of Border and Transportation Security
Title 8 - Aliens & Nationality
Title 18, Chapter 69 - Nationality & Citizenship
Title 18, Chapter 75 - Passports & Visas
AILALink contains resources on immigration law and practice, including statutes, cases, agency regulations & decisions, and related publications such as the Foreign Affairs Manual, forms from federal agency web sites and publications by the American Immigration Lawyers Association.
United States Code (HeinOnline) This link opens in a new windowIncludes complete coverage of the U.S. Code from inception in 1925-1926. Also includes the Early Federal Laws Collection, the most complete collection of federal statute compilations prior to the US Code.
Call Number: KF62 (Available online see below)Current edition on Reserve at Circulation Desk. Earlier editions on Plaza level, Section B, KF 62. Published by the Government Print Office. A new edition of the U.S.C. is published every six years and updated with annual supplements. A subject index with a "Popular Name Index" accompanies the set.
Also available via HathiTrust online access.
The USCA is published by Thomson Reuters and is available online via Westlaw. The print volumes are updated with annual pocket parts and pamphlets. It includes an annual multi-volume "General Index" issued in paperback. A table for finding laws by popular name appears at the end of the General Index. The USCA set is accompanied by monthly supplementary pamphlets for updating code sections beyond the laws published in the annual pocket parts or pamphlets.
Also available online via Westlaw (U of M Law faculty, student, and staff only).
The USCS is published by Lexis. The print volumes are updated with annual pocket parts and pamphlets. It includes an annual multi-volume "General Index" issued in paperback. A table for finding laws by popular name is published in a hardbound "Tables" volume. The USCS set is accompanied by two monthly supplementary services, the "Advance" pamphlets service and the "Cumulative Later Case and Statutory Service", for updating code sections and case annotations beyond the laws published in the annual pocket parts or pamphlets.
Also available online via Lexis (U of M Law faculty, student, and staff only).
The following publications update federal immigration statutes:
Call Number: Reserve KF4806.54.A19 U55 (Available online see below) Publication Date: 2015–Contains the full text of the Immigration and Nationality Act (INA) as amended, plus selected provisions of federal immigration statutes that are not part of the INA.
Also available online via Lexis (U of M Law faculty, student, and staff only).
Complete text of the Immigration and Nationality Act with current amendments. Also contains Appendix of selected non-INA sections of Title 8 (Aliens and Nationality).
Covers important provisions of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), the Antiterrorism and Effective Death Penalty Act (AEDPA), and the Personal Responsibility and Work Opportunity Reconciliation Act (Welfare Act).
Also available online via Westlaw (U of M Law faculty, student, and staff only).
Contains a compilation of historical documents and legislation related to immigration in the U.S. as well as current hearings, debates and recent developments in immigration law. The database includes BIA Precedent Decisions, legislative histories, law and policy titles, extradition titles, scholarly articles, an extensive bibliography, and other related works.
From Proquest Legislative Insight ProQuest Legislative Insight This link opens in a new window Contains legislative history of numerous federal immigration laws. ProQuest Congressional This link opens in a new window Contains legislative history of numerous federal immigration laws. Selected hearings made available from the Law Library of CongressLegislative History Compilations:
Call Number: KF4805.8 1987x (Available online see below) ISBN: 0930342917 Publication Date: 1987–1997 Also available via HeinOnline access. Contains History of Immigration Legislation chapter Call Number: Reserve KF4806.57 .A15 1997x ISBN: 1573700169 Publication Date: 1997 Call Number: KF4806.56 .A15 1987x Publication Date: 1987? Call Number: KF4806.56.A16 M66 1987 ISBN: 0871795523 Publication Date: 1987Call Number: Immigration History Research Center Archives; KF4805.8 1981 (Available online see below)
ISBN: 0812277961 Publication Date: 1981 Also available via JSTOR online access. Call Number: Online access Publication Date: 1906 Available via Hein Online access. Call Number: JK1814 .F73 1969 Publication Date: 1969 Reprint of the 1906 edition.Administrative regulations that implement immigration statutes passed by Congress can be found in the following titles of the Code of Federal Regulations (C.F.R) :
This history compiles rules, proposed rules, and other material from the Federal Register associated with Pub.L. 82-414
govinfo version. The The CFR on govinfo is current with the published print version of the CFR.Practice Areas > Immigration > Regulations provides annotated versions of:
CFR - Title 8 - Aliens & Nationality
CFR - Title 22 - State Department, Part E - Visas
CFR - Title 28 - Justice Department, Subpart U - Executive Office for Immigration Review
"A current, daily updated version of the CFR. It is not an official legal edition of the CFR. The eCFR is an unofficial editorial compilation of CFR material and Federal Register amendments." Produced by the Office of the Federal Register and the GPO. The eCFR includes a "Point-in-Time System" feature that allows users "a way of exploring the Code of Federal Regulations as it exists today and at points in time back to January 2017."
AILALink This link opens in a new windowAILALink contains resources on immigration law and practice, including statutes, cases, agency regulations & decisions, and related publications such as the Foreign Affairs Manual, forms from federal agency web sites and publications by the American Immigration Lawyers Association.
Two totally separate agencies, the U.S. Department of Homeland Security and the U.S. Department of Justice are responsible for managing the majority of functions within the U.S. immigration system. Some other responsibilities of the U.S. immigration system fall under the U.S. Department of State, U.S. Department of Labor, and the U.S. Department of Health and Human Services. A brief description of these agencies and their immigration responsibilities are listed below:
In 2003, the Department of Homeland Security (DHS) was created to enforce U.S. immigration laws, and the U.S. Immigration and Naturalization Service (INS) ceased to exist. The duties of the former INS were divided between several agencies under DHS authority:
Administers immigration benefits, including naturalization, lawful permanent residency (“green card” status), family and employment-based applications, work authorization, adoption, and political asylum/refugee status. This office also has a National Records Center that responds to FOIA requests.
Part of USCIS and has three divisions: The Refugee Affairs Division provides resettlement benefits to people who are outside their countries and cannot or are unwilling to return to their homes because they fear serious harm. The Asylum Division manages the U.S. affirmative asylum process, which allows individuals who are already in the U.S. (or at a port of entry), to remain here because they have been persecuted or fear persecution. The Asylum Division also provides Asylum Officer Basic Training Course Lesson Modules used to train Asylum Officers. The International Operations Division, with offices around the world, is the face of USCIS abroad. These offices reunite families, enable adoptive children to come to join permanent families in the U.S., consider parole requests from individuals outside the U.S. for urgent humanitarian reasons or significant public benefit, and provide information services and travel documents to people around the world.
Hears appeals of denials of immigration benefits. Generally, the decisions issued are non-precedential (binding only on the parties involved in the case). Upon review by the Attorney General, decisions of the AAO can be deemed precedential decisions to provide clear and uniform guidance to adjudicators and the public on the proper interpretation of law and policy.
Responsible for immigration apprehension, detention, and removal (deportation) operations; worksite enforcement; criminal investigations of fraud, smuggling, and drug/ human trafficking, and the Student and Exchange Visitor Program (SEVP).
Responsible for the inspection and admission of people and cargo entering the U.S. by air, land, and sea. The U.S. Border Patrol is a part of this agency.
Directs the U.S. immigration court system and administrative appeals system which consists of three administrative tribunals: the Board of Immigration Appeals (BIA), the Office of the Chief Immigration Judge (OCIJ), and the Office of the Chief Administrative Hearing Officer (OCAHO). The EOIR also reviews DHS administrative actions, and the decisions of the DHS Administrative Appeals Office (AAO). The EOIR Virtual Law Library provides links to Attorney General and BIA decisions, OCAHO decisions (1988- ), AG and BIA Precedent Decisions, C.F.R. Title 8, Immigration-related notices in the Federal Register (FR), the Immigration and Nationality Act (INA), BIA Practice Manual, immigration courts control list, and practitioner roster. The COUNTRY CONDITIONS RESEARCH report on country conditions that have relevance in removal hearings before immigration judges and the Board of Immigration Appeals. Unpublished decisions or other information covered by the Freedom of Information Act (FOIA) may be requested from EOIR's FOIA Contact.
The BIA is the highest administrative tribunal adjudicating immigration and nationality matters and is authorized to review most decisions of immigration judges and some decisions of Department of Homeland Security officers. The majority of appeals reaching the Board involve orders of removal and applications for relief from removal. Other cases before the Board include the removal of aliens applying for admission to the United States, petitions to classify the status of alien relatives for the issuance of preference immigrant visas, fines imposed upon carriers for the violation of the immigration laws, and motions for reopening and reconsideration of decisions previously rendered. BIA decisions are binding on all DHS officers and immigration judges unless modified or overruled by the Attorney General or a federal court. Most BIA decisions are subject to judicial review in the federal courts.
Directs more than 200 immigration judges located in 53 immigration courts throughout the Nation. Immigration judges are responsible for conducting formal administrative proceedings and act independently in their decision making capacity. Their decisions are administratively final, unless appealed or certified to the BIA.
Manages the administrative law judges who preside at hearings concerning unlawful employment of aliens, unfair immigration-related employment practices, and immigration document fraud.
The Immigrant and Employee Rights Section (IER), in the Civil Rights Division, is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b, which protects U.S. citizens and certain other work-authorized individuals from employment discrimination based upon citizenship or immigration status. The INA also protects all work authorized individuals from national origin discrimination, unfair documentary practices relating to the employment eligibility verification process, and from retaliation.
Oversees civil immigration matters and coordinates immigration matters before federal district and circuit courts.
Processes immigrant and non-immigrant (temporary) visa applications for individuals who seek entry into the United States. The State Department also directs the J-1 visa visitor exchange program, and is involved in refugee policy issues through its Bureau of Population, Refugees, and Migration. The monthly Visa Bulletin shows the waiting times for immigrant visas in different categories and from different countries. The Country Reports on Human Rights Practices are helpful for establishing country conditions.
Serves as liaisons with the Department of Homeland Security; liaisons between the Department of State and U.S. Embassies and Consulates abroad on visa matters; and interprets visa laws and regulations, and act as a point of contact for the public. Part of the Consular Affairs Bureau, Department of State
Provides aid and sustainable solutions for refugees, victims of conflict and stateless people around the world, through repatriation, local integration, and resettlement in the United States. PRM also promotes the United States' population and migration policies.
Annual reports covering internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and other international agreements. DOS submits reports on all countries receiving assistance and all United Nations member states to the U.S. Congress in accordance with Foreign Assistance Act of 1961 and Trade Act of 1974. These reports are considered very important in asylum claims.
U.S. employers must go through a process called "labor certification" with the Department of Labor in order to hire foreign workers. The Department of Labor (DOL) handles “Applications for Labor Certification” (also known as PERM), which are filed with certain employment-based immigration petitions. The DOL also reviews labor condition applications for nonimmigrant and seasonal workers, and establishes standards for wages and employment conditions for foreign nationals. For general information, see the link for Foreign Labor.
Assists in submitting labor certification applications. U.S. Department of Labor decisions collectionPresides over labor issues under the jurisdiction of the Department of Labor. The OALJ Immigration Library includes decisions from the Board of Alien Labor Certification Appeals (BALCA) and several other types of immigration-related decisions. Resources include a searchable database of immigration decisions
U.S. Department of Health and Human Services
The U.S. Department of Health and Human Services (DHHS), through the CDC Division of Global Migration and Quarantine, determines vaccination requirements for immigrant applicants and identifies medical conditions that may prohibit a visa applicant from entering the U.S. or becoming a permanent resident. DHHS operates the Office of Refugee Resettlement, which provides public benefits and other services to refugees and children who have entered the U.S. as unaccompanied minors.
Determines vaccination requirements for immigrant applicants and identifies disqualifying medical conditions
Provides public benefits and other services to refugees and children who have entered the U.S. as unaccompanied minors. Part of the Administration for Children and Families, U.S. Department of Health & Human Services
Board of Immigration Appeals (BIA) Decisions
The Board of Immigration Appeals (BIA) is part of the Executive Office for Immigration Review (EOIR) under the Department of Justice. Immigration Court decisions are not reported but summaries are available in Interpreter Releases (listed further below). These decisions may be appealed to the BIA. Some types of USCIS petitions may also be appealed directly to the BIA. Precedential decisions (including decisions which have been certified by the U.S. Attorney General) are available on the EOIR’s Virtual Law Library. Some non-precedential cases are listed on the website as indexed cases, though the BIA discourages citation to non-precedential cases. Precedential cases are available in the sources listed below.
Board of Alien Labor Certification Appeals (BALCA) Decisions
Decisions on Applications for Labor Certification may be appealed to the Board of Alien Labor Certification Appeals (BALCA). BALCA was organized in May 1987. Pursuant to 20 CFR § 656.26, the Board is empowered to review all denials of applications for labor certification for which review was requested on or after May 7, 1987. Previously, appeals were adjudicated by individual administrative law judges within the Department of Labor. The Board is chaired by the Chief Administrative Law Judge (ALJ) of the Department of Labor and consists of other Department ALJs designated by the Chief Judge. BALCA decisions are published by the Office of Administrative Law Judges and available in sources listed below.
Office of the Chief Administrative Hearing Officer (OCAHO) Decisions
The Office of the Chief Administrative Hearing Officer (OCAHO) is part of the Executive Office for Immigration Review (EOIR) under the Department of Justice. The OCAHO has jurisdiction over three types of cases arising under the Immigration and Nationality Act as amended (INA), including those involving allegations of: (1) knowingly hiring, recruiting or referring for a fee unauthorized aliens, or the continued employment of unauthorized aliens, failure to comply with employment verification requirements, and requiring indemnity bonds from employees in violation of section 274A of the INA (employer sanctions); (2) immigration-related unfair employment practices in violation of section 274B of the INA; and (3) immigration-related document fraud in violation of section 274C of the INA. OCAHO is headed by a Chief Administrative Hearing Officer (CAHO) who provides overall program direction, articulates policies and procedures, establishes priorities, administers the hearing process presided over by Administrative Law Judges (ALJs) and reviews the employer sanctions decisions of the ALJs. The ALJs hold hearings and related administrative proceedings and render decisions on cases assigned to them concerning the three areas listed above. OCAHO decisions are available in some of the sources listed below.
Board of Alien Labor Certification Appeals
Citizenship & Immigration Services
Administrative Appeals Office Decisions
INS General Counsel Opinions
Policy & Procedural Memoranda
Executive Office for Immigration Review
Board of Immigration Appeals Decisions
Board of Immigration Appeals Practice Manual
EOIR Operating Policies & Procedures Memoranda
Office of the Chief Administrative Hearing Officer Decisions
Board of Alien Labor Certification Appeals Decisions
DOJ & (Legacy) INS Legal Opinions
Immigration Non-Precedent Decisions: BIA, AAO/AAU
Immigration Precedent Decisions
Office of Chief Admin. Hearing Officer Immigration Review Decisions
U.S. Customs & Border Protection Rulings - HQ Series
Board of Immigration Appeals & Attorney General (Precedent Decisions)
Board of Alien Labor Certification Appeals (BALCA) Cases
