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Immigration Law

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Westlaw Immigration Resources (Westlaw password required)
Westlaw's Pracitioner Insights for Immigration compiles a wide variety of immigration-related primary law and secondary sources. Resources include administrative agency decisions and guidance, official immigration forms, and expert witness materials.

Lexis Immigration Resources (Lexis password required)
Lexis's Immigration Law practice area page contains primary and secondary materials related to Immigration law.  Resources include agency manuals, official immigration forms, Bender’s Immigration Regulations Service, and the Georgetown Immigration Law Journal.

HeinOnline Immigration Law & Policy in the U.S. (available on campus or remotely with ASURITE)
This HeinOnline database provides a compilation of historical documents and legislation related to immigration in the United States as well as current hearings, debates, and recent developments in immigration law. It includes Board of Immigration Appeals (BIA) Precedent Decisions, legislative histories, scholarly articles, bibliography, and related works.

AILALink (available on campus or remotely with ASURITE)
This website of the American Immigration Lawyer's Association (AILA) compiles immigration-related federal statutes and regulations, federal court and agency decisions, and various other primary and secondary sources. Because our license allows only three concurrent users, please log out of AILALink when you have finished using it.

Statutes

U.S. CODE
The United States Code is the official federal statutory code and is published by the United States Government. It has 54 titles, with each title divided into chapters and further subdivided into sections. 

The two U.S. Code titles most applicable to immigration issues are:

  • Title 8 Aliens and Nationality (The Immigration and Naturalization Act (INA), found in Title 8 of the US Code, serves as a base for immigration law.)
  • Title 18, Chapter 69 Nationality and Citizenship

The Law Library's Federal Legislation LibGuide provides information on where federal statutes can be accessed and details the steps and resources for conducting federal legislative history research.

Regulations

The Code of Federal Regulations (CFR) contains the general and permanent regulations of the agencies and executive departments of the federal government. It is divided into 50 Titles, each corresponding to a major subject area. The individual titles are arranged into chapters according to the issuing agency. The chapters are then divided into parts, which are further divided into sections. Below is a non-exhaustive list of titles that relate to immigration, citizenship, and nationality. Search through the CFR to find more.

Selected CFR Titles related to immigration, citizenship, and nationality

  • Title 6: Domestic Security
    • Chapter I: Department of Homeland Security, Office of the Secretary
  • Title 8: Aliens and Nationality
    • Chapter I: Department of Homeland Security
    • Chapter V: Executive Office for Immigration Review, Department of Justice
  • Title 20: Employees' Benefits
    • Chapter V: Employment and Training Administration, Department of Labor
      • Part 655: Temporary Employment of Foreign Workers in the United States
      • Part 656 Labor Certification Process for Permanent Employment of Aliens in the United States
  • Title 22: Foreign Relations
    • Chapter I: Department of State
  • Title 28: Judicial Administration
    • Chapter I: Department of Justice
      • Part 68: Rules of Practice and Procedure for Administrative Hearings for Administrative Law Judges in Cases Involving Allegations of Unlawful Employment of Aliens, Unfair Immigration-Related Employment Practices, and Document Fraud 
      • Part 200: Alien Terrorist Removal Procedures
  • Title 29: Labor
    • Subtitle B, Chapter V: Wage and Hour Division, Department of Labor
  • Title 42: Public Health
    • Chapter I: Public Health Service, Department of Health and Human Services
      • Part 34: Medical Examination of Aliens
      • Part 71: Foreign Quarantine
  • Title 45: Public Welfare
    • Subtitle B, Chapter IV: Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services

The Law Library's Federal Agencies and Executive Branch LibGuide provides information on where the Code of Federal Regulations can be accessed. It includes free and subscription resources. 

The Federal Register is the official journal of the executive branch. It is published each business day and contains final regulations, proposed regulations, and notices by federal agencies and departments. It also includes presidential documents, specifically executive orders and proclamations.

When an agency plans to implement or amend its regulations, it posts notices and proposals in the Federal Register. The Departments of Homeland Security (DHS), State (DOS), Labor (DOL), Justice (DOJ), and Health and Human Services (HHS) are the ones most likely to create regulations affecting immigrants and immigration, though other agencies and departments may create such regulations from time to time. Moreover, when the President announces a policy related to immigration, it will often be done in an executive order or proclamation. Review the Federal Register to find immigration-related notices, proposals, and presidential documents.

The Executive Office for Immigration Review's Virtual Law Library maintains an updated list of immigration-related documents published in the Federal Register (coverage begins in 1996).  

The Law Library's Federal Agencies and Executive Branch LibGuide provides additional information on how to access the Federal Register. It includes free and subscription resources.

Cases

Administrative Review of Immigration-Related Decisions

Multiple federal agencies make immigration-related decisions. Parties who are dissatisfied with a decision may be able to appeal to an executive-branch administrative office or board. Below are several offices and boards responsible for making or reviewing immigration-related decisions.

  • The Board of Immigration Appeals (BIA), located within the Department of Justice, reviews Immigration Court decisions about whether a non-citizen may remain in the United States. When BIA issues a decision, it is binding on all Department of Homeland Security officers and Immigration Judges unless modified or overruled by the Attorney General or a federal court. Find BIA decisions on the BIA website (coverage begins in 1958).
  • The Administrative Appeals Office (AAO), located within the Department of Homeland Security, reviews U.S. Citizenship and Immigration Services (USCIS) officers' decisions regarding immigration benefit requests (e.g., visa applications or requests for temporary protected status). The AAO generally issues non-precedent decisions, but it may issue precedent decisions after review by the Attorney General. Additionally, USCIS may “adopt” a non-precedent decision to provide policy guidance to its employees. Find AAO decisions on the AAO website (coverage varies by decision type).
  • The Board of Alien Labor Certification Appeals (BALCA), located within the Department of Labor (DOL), principally hears appeals brought by employers whose applications to certify non-U.S. citizens to work in the U.S. have been denied. Search for BALCA decisions on the DOL's website for the Office of Administrative Law Judges.
  • The Office of the Chief Administrative Hearing Officer (OCAHO), located within the Department of Justice (DOJ) and part of the Executive Office for Immigration Review (EOIR), oversees proceedings in cases related to unlawful employment of noncitizens, unfair immigration-related employment practices (such as discrimination on the basis of national origin), and the use of fraudulent documents to secure employment for noncitizens. Find OCAHO decisions on the EOIR website (coverage begins in 1988).

Many immigration-related administrative decisions can also be found on popular subscription databases.

  • Westlaw: Immigration Administrative Decisions & Guidance (Westlaw password required)
    • This Westlaw collection contains decisions and materials from BIA, AAO, BALCA, and OCAHO. Coverage varies by source.
  • Lexis: Administrative Materials, Codes and Regulations (Lexis password required)
    • This Lexis collection contains materials from BIA, AAO, BALCA, and OCAHO. It also has archival materials related to Temporary Labor Certifications and Temporary Alien Employment Decisions. Coverage varies by source.
  • HeinOnline: Immigration Law & Policy in the U.S. (Available on campus or remotely with ASURITE)
    • This HeinOnline database contains BIA precedent decisions, with coverage beginning in 1940. Search by decision number or by using a subject index.
  • AILALink: Court and Admin Decisions (Available on campus or remotely with ASURITE)
    • This collection contains decisions from BIA, AAO, and BALCA. The collection also includes an editorial selection of important immigration-related decisions issued by the U.S. Supreme Court and the U.S. courts of appeal, as well as a curated list of important asylum cases issued by BIA and the federal courts. Coverage varies by source.

Federal Court Immigration Cases

A party who is dissatisfied with the result reached on administrative review may be able to take their case to federal court. There are several ways to look for immigration-related federal cases.

  • The Law Library's Federal Courts LibGuide provides information on where federal court case opinions can be accessed. It includes free and subscription resources.
  • Westlaw's Immigration Cases database (Westlaw password required) contains reported and unreported case law from the federal courts relating to the rights and disabilities of foreign persons in the United States. It includes case law from the U.S. Supreme Court, courts of appeals, district courts, bankruptcy courts, Court of Federal Claims, Tax Court, military courts, and related federal and territorial courts.
  • Lexis maintains a database of Federal Immigration Cases and Agency Decisions (Lexis password required). It includes case law from the U.S. Supreme Court, courts of appeal, Tax Court, military courts, and more.
  • AILALink's Court and Admin Decisions collection (available on campus or remotely with ASURITE) includes an editorial selection of important immigration-related decisions issued by the U.S. Supreme Court and courts of appeal.