Immigration Law
Visas, green cards, citizenship, asylum, and immigration enforcement.
Overview
Immigration law governs who may enter, stay in, and become a citizen of the United States. This exclusively federal area of law is administered primarily by the Department of Homeland Security (through USCIS, CBP, and ICE) and the Department of Justice (through the Executive Office for Immigration Review). The Immigration and Nationality Act (INA) of 1952, as extensively amended, is the primary statutory framework.
The U.S. immigration system provides several pathways for lawful admission: family-based immigration (sponsorship by U.S. citizens or permanent residents), employment-based immigration (EB-1 through EB-5 categories), diversity visa lottery, refugee and asylum programs, and temporary nonimmigrant visas for workers (H-1B, L-1), students (F-1), and visitors (B-1/B-2). Naturalization — the process of becoming a U.S. citizen — generally requires five years of permanent residence (three if married to a U.S. citizen).
Immigration enforcement includes border security, interior enforcement through ICE, and removal (deportation) proceedings before immigration judges. Individuals in removal proceedings may seek relief through asylum, cancellation of removal, adjustment of status, or other forms of protection. Immigration law is one of the most complex and rapidly changing areas of American law, heavily influenced by executive action and agency policy.
Key Statutes
Immigration and Nationality Act (INA)
8 U.S.C. § 1101 et seq.
The comprehensive federal statute governing immigration, including admission, removal, and naturalization.
Refugee Act of 1980
8 U.S.C. § 1521 et seq.
Established the modern U.S. refugee resettlement program and codified asylum procedures.
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)
Pub. L. 104-208 (1996)
Major reform law that expanded grounds for deportation, established expedited removal, and imposed bars on reentry.
Deferred Action for Childhood Arrivals (DACA)
Executive Policy (2012)
Administrative program providing temporary relief from deportation and work authorization for eligible individuals brought to the U.S. as children.
Key Cases
Plyler v. Doe
457 U.S. 202 (1982)
Held that states cannot deny public education to undocumented children under the Equal Protection Clause.
Zadvydas v. Davis
533 U.S. 678 (2001)
Held that the government cannot indefinitely detain immigrants who have been ordered removed but cannot actually be deported.
DHS v. Regents of the University of California
591 U.S. 1 (2020)
Held that the Trump administration's rescission of DACA was arbitrary and capricious under the APA.
Trump v. Hawaii
585 U.S. 667 (2018)
Upheld the constitutionality of the presidential proclamation restricting entry from several predominantly Muslim countries.
Key Regulations
USCIS Policy Manual
U.S. Citizenship and Immigration Services
Comprehensive guidance on immigration benefits, including green card applications, naturalization, and humanitarian programs.
ICE Enforcement Priorities
Immigration and Customs Enforcement
Guidelines establishing priorities for immigration enforcement, detention, and removal operations.
DOS Foreign Affairs Manual (9 FAM)
Department of State
Detailed guidance for consular officers on visa adjudication for all nonimmigrant and immigrant visa categories.
Common Forms
Frequently Asked Questions
What is the difference between a green card and citizenship?
A green card (permanent resident card) grants the right to live and work permanently in the U.S. but does not confer the right to vote or hold certain government positions. Citizens have full rights including voting. Green card holders can typically apply for citizenship after 5 years of permanent residence (3 if married to a U.S. citizen).
How does the H-1B visa work?
The H-1B visa is for specialty occupation workers requiring at least a bachelor's degree. Employers must sponsor the employee and pay the prevailing wage. There is an annual cap of 85,000 visas (including 20,000 reserved for advanced degree holders), and a lottery is held when applications exceed the cap. H-1B holders can work for up to 6 years.
What is the difference between asylum and refugee status?
Both provide protection to individuals fleeing persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Refugees apply from outside the U.S. through the UN and State Department. Asylum seekers apply from within the U.S. or at a port of entry, either affirmatively (with USCIS) or defensively (in removal proceedings).
Recent Developments
Immigration law remains one of the most dynamic areas of U.S. law, with frequent policy changes driven by executive action, court orders, and agency rulemaking. Recent developments include ongoing litigation over DACA, evolving asylum policies at the southern border, new rules on public charge determinations, changes to employment-based immigration processing, and debates over comprehensive immigration reform. The intersection of immigration law with technology — including biometric screening, digital surveillance, and AI-assisted adjudication — presents emerging legal questions.
State Variations
While immigration is exclusively federal, states have enacted laws that affect immigrants in areas within state authority. Some states provide driver's licenses to undocumented immigrants, offer in-state tuition regardless of immigration status, and limit state law enforcement cooperation with federal immigration authorities ('sanctuary' policies). Other states have enacted laws requiring employers to use E-Verify and authorizing state law enforcement to enforce immigration laws.