Skip to Main Content

Immigration Law

This guide pulls together the available resources on immigration law, with special emphasis on the evolution of the law since January 20, 2017.

Case Law

Immigration Law Judges

  • Immigration Court has jurisdiction over exclusion, deportation and removal cases. It is located within the Executive Office of Immigration Review (EOIR) under the Attorney General. Appeals are to the Board of Immigration Appeals. Decisions are not reported in a specific reporter, but can be found as summaries in Interpreter Releases.

Board of Immigration Appeals (BIA)

  •  Reviews Immigration Court decisions and certain Department of Homeland Security administrative decisions. Located within the EOIR, its decisions are appealable to the federal courts. BIA decisions beginning in 2000 are available on the EOIR website.

Office of the Chief Administrative Hearing Officer

  •  Located in the Department of Justice, this office decides cases involving employer sanctions for unlawful employment of undocumented workers, immigration-related document fraud, and unfair immigration-related employment practices.  Decisions may be appealed to a federal court of appeals. View the Office Website.

Board of Alien Labor Certification Appeals

  • Denial of an employer's application for labor certification may be appealed to the Board of Alien Labor Certification
    Appeals. If the appeal is denied, review can be sought in federal court.
  • Interpreter Releases (weekly publication; includes Board of Alien Labor Certification Appeals summaries - Westlaw --  INTERREL (1987 -)

INS/DHS Opinions of General Counsel

  • Prior to the abolition of the Immigration and Naturalization Service in 2003, the INS General Counsel's Office issued decisions that provided guidance to immigration officers. Under the Homeland Security Act of 2002, the Office of General Counsel was created within the Department of Homeland Security.
  • Westlaw        FIM-GCO (1991-2001)

Administrative Appeals Office

  • Formerly known as the Administrative Appeals Unit, this office decides appeals from decisions made by DHS district directors and regional service centers.
  • Westlaw         FIM-AAU(1989- )
  • Agency Website: USCIS Administrative Decisions

United States Courts of Appeals

  • Decisions of the following entities may be appealed to the Courts of Appeals:
    • Board of Immigration Appeals (BIA)
    • The Office of the Chief Administrative Hearing Officer (OCAHO)
    • The Board of Alien Labor Certification Appeals (BALCA) 
  • United States Courts
  • Federal Reporters can be accessed in print in the library or found online on Westlaw and Lexis. 

 

Administrative Regulations

                       

  • Federal regulations which govern immigration are promulgated largely by:     
    • the Department of Homeland Security (DHS)
    • the Executive Office for Immigration Review (EOIR)
    • the Department of Justice
    • the Department of Labor
    • the Department of State
  • Again, Federal Immigration Laws and Regulations consolidate Immigration regulations
  • Westlaw: Immigration Regulations

Statutory Authority

  • Most of the federal statutes covering immigration law are found in the Immigration and Nationality Act (INA).  Statutory provisions can be cited according to the relevant section of the INA, or according to the U.S. Code section.
  • The INA is codified at Title 8, U.S.C., Aliens and Nationality, §§ 1101-1178.  Other code sections are found throughout the U.S. Code, as in Title 18 (Crimes and Criminal Procedure), and Title 22 (Foreign Relations). 
  •      Other sources for finding the U.S. Immigration Code include:
    • Print sources
      • The United States Code Annotated
      • The United State Code Service
    • Online
      • Westlaw:     USCA (annotated); USC (unannotated); or FIM-USCA (immigration titles)  
      • LexisNexis:    USCS (annotated) or IMMIG;USCS (immigration titles)
    • Government websites