Immigration Law
Overview
In the United States, immigration laws bear political overtones because they touch on the sensitive issues of national sovereignty and homeland defense. These laws dictate who may enter the country, as well as the length and duration of their visit. These laws also allow selected non-citizens to naturalize and become citizens of this country.
U.S. Immigration Laws
U.S. immigration laws treat persons as either U.S. citizens or aliens. The Fourteenth Amendment states that U.S. citizens include "persons born or naturalized in the United States, and subject to [its] jurisdiction." Therefore, all persons who are not U.S. citizens are aliens. 28 U.S. Code Section 1101.
In terms of aliens, U.S. immigration law further classifies them according to their immigration status, with each group afforded different rights and obligations, such as the right to reside in the United States, the right to sponsor relatives, and the right to work in the United States. Aliens may be lawful permanent residents (i.e., green card holders), immigrant visa holders, temporary lawful visitors or undocumented illegal aliens.
Featured Cases
CHEREPANOV v. U.S. DEPARTMENT OF STATE
1:2011cv01394
Filed in District Of Columbia District Court
Type of Suit: Freedom of Information Act
Plaintiff: OLEG PETROVICH CHEREPANOV. Defendant: U.S. DEPARTMENT OF STATE.
Judge: Colleen Kollar-Kotelly
Cause Of Action: Freedom of Information ActUnited States of America v. Alabama, State of et al
2:2011cv02746
Filed in Alabama Northern District Court
Type of Suit: Constitutionality of State Statutes
Plaintiff: United States of America. Defendant: Alabama, State of, Robert J Bentley, National Fair Housing Alliance, Inc. and American Unity Legal Defense Fund. Amicu: United Mexican State, Argentina, Bolivia, Brazil, Chile and other.
Judge: Sharon Lovelace Blackburn
Cause Of Action: Fed. QuestionHeger
2:2011mc00319
Filed in California Central District Court
Type of Suit: Other
In Re: Jan M Heger.
Judge: Audrey B. CollinsIraqi Refugee Assistance Project v. Department of Defense et al
1:2011cv05024
Filed in New York Southern District Court
Type of Suit: Freedom of Information Act
Plaintiff: Iraqi Refugee Assistance Project. Defendant: Department of Defense and Department of State.
Judge: Denise L. Cote
Cause Of Action: Freedom of Information ActHispanic Interest Coalition of Alabama et al v. Bentley et al
5:2011cv02484
Filed in Alabama Northern District Court
Type of Suit: Constitutionality of State Statutes
Plaintiff: Hispanic Interest Coalition of Alabama, Aids Action Coalition, Huntsville International Help Center, Interpreters and Translators Assocation of Alabama, Alabama Appleseed Center for Law & Justice, Inc. and other. Defendant: Robert Bentley, Luther Strange, Joseph B. Morton, Freida Hill, E. Casey Wardynski and other. Movant: United States of America. Amicu: LULAC, META, Inc., Hispanic College Fund, United Mexican State, Argentina and other.
Judge: Sharon Lovelace Blackburn
Cause Of Action: Civil Rights Act
Dockets
Gosden Gomez v. Holder
1:2012cv00015
Filed in Texas Southern District Court
Type of Suit: Deportation
Petitioner: Mallory Gosden Gomez. Respondent: Eric Holder, Jr.
Judge: Hilda G Tagle
Cause Of Action: Fed. Question: Review Agency DecisionMoreira Da Silva v. Department of Homeland Security Immigration Enforcement et al
1:2012cv00001
Filed in Texas Southern District Court
Type of Suit: Deportation
Plaintiff: Paulo Moreira Da Silva. Defendant: Department of Homeland Security Immigration Enforcement and United States Citizenship Immigration and Naturalization Service.
Judge: Andrew S. Hanen
Cause Of Action: Fed. Question: Review Agency DecisionJohn Shewchun v. Danny Boggs, et al
11-4372
Filed in Sixth Circuit Court of Appeals
Type of Suit: Deportation
Petitioner: JOHN SHEWCHUN. Respondent: DANNY J. BOGGS, Circuit Judge, RONALD L. GILMAN, Circuit Judge, DEBORAH L. COOK, Circuit Judge, ROGER PAUL, Unknown Signatory of Appeal in Deportation Proceedings dated 1 July, 2009, US COURT OF APPEALS, for the Sixth Circuit and other.Hernandez v. Cowan et al
4:2011cv04129
Filed in Texas Southern District Court
Type of Suit: Deportation
Plaintiff: Juan Hernandez. Defendant: Robert M. Cowan, Eric Holder, Jr and Janet Napolitano.
Judge: Nancy F. Atlas
Cause Of Action: Petition for Writ of MandamusConteh v. Holder et al
4:2011cv04175
Filed in Texas Southern District Court
Type of Suit: Deportation
Petitioner: Ismail Conteh. Respondent: Eric Holder, Janet Napolitano and Kenneth Landgrebe.
Judge: Nancy F. Atlas
Cause Of Action: Petition for Writ of Habeas Corpus (federa
Legislation
Bill Introduced: H.R.3881 Ensuring Mental Competence in Immigration Proceedings Act
To amend the Immigration and Nationality Act to provide authority for immigration judges to terminate proceedings or appoint counsel when necessary for aliens with mental disabilities, and for other purposes.Bill Introduced: S.2046 Visa Waiver Program Enhanced Security and Reform Act
A bill to amend the Immigration and Nationality Act to modify the requirements of the visa waiver program and for other purposes.Bill Introduced: H.R.3842 To prohibit Federal funding for lawsuits seeking to invalidate ...
To prohibit Federal funding for lawsuits seeking to invalidate specified State laws that support the enforcement of Federal immigration laws.Bill Introduced: H.R.3855 Visa Waiver Program Enhanced Security and Reform Act
To amend the Immigration and Nationality Act to modify the requirements of the visa waiver program and for other purposes.Bill Introduced: H.R.3823 ARMS Act
To authorize the cancellation of removal and adjustment of status of certain aliens who are long-term United States residents and who entered the United States as children, and for other purposes.
Regulations
Proposed Rule - Forwarding of Asylum Applications to the Department of State
Executive Office for Immigration Review
Proposed Rule
Forwarding of Asylum Applications to the Department of State
,
67099-67102 [2011-28117]
Proposed Rules Federal Register Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Proposed Rules DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Parts 1208 and 1240 [EOIR Docket No. 173; AG Order No. 3307-2011] RIN 1125-AA65 Forwarding of Asylum Applications to the Department of State AGENCY: Executive Office for Immigration Review, Department of Justice. ACTION: Proposed rule. SUMMARY: The Department of Justice is planning to amend its regulations to alter... [read document]
View Document | Download PDFRule - Application of Immigration Regulations to the Commonwealth of the Northern Mariana ...
Executive Office for Immigration Review
Rule
Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands; Correcting Amendment
,
67969 [E9-30287]
DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 1, 208, 209, 212, 214, 217, 235, 245, 274a, 286, and 299 [CIS No. 2460-08; DHS Docket No. USCIS-2008-0039] RIN 1615-AB77 DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Parts 1001, 1208, 1209, 1212, 1235, 1245 and 1274a [EOIR Docket No. 169 AG Order No. 3120-2009] RIN 1125-AA67 Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands AGENCY: U.S. Citizenship and Immigration Services, DHS; Executive... [read document]
View Document | Download PDFRule - Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands
Executive Office for Immigration Review
Rule
Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands
,
62207-62208 [E9-28417]
Rules and Regulations Federal Register DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 1, 208, 209, 212, 214, 217, 235, 245, 274a, 286, and 299 [CIS No. 2460-08; DHS Docket No. USCIS-2008-0039] RIN 1615-AB77 DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Parts 1001, 1208, 1209, 1212, 1235 and 1245 and 1274a [EOIR Docket No. 169 AG Order No. 3120-2009] RIN 1125-AA67 Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands AGENCY: U.S.... [read document]
View Document | Download PDFRule - Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands
Executive Office for Immigration Review
Rule
Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands
,
55726-55744 [E9-26094]
Part V Department of Homeland Security 8 CFR Parts 1, 208, 209, et al. Department of Justice Executive Office for Immigration Review 8 CFR Parts 1001, 1208, 1209, et al. Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands; Interim Final Rule DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 1, 208, 209, 212, 214, 217, 235, 245, 274a, 286, and 299 [CIS No. 2460-08; DHS Docket No. USCIS-2008-0039] RIN 1615-AB77 DEPARTMENT OF JUSTICE Executive Office for... [read document]
View Document | Download PDFNotice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
Executive Office for Immigration Review
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals
,
38231 [E9-18318]
DEPARTMENT OF JUSTICE Executive Office for Immigration Review [OMB Number 1125-0010] Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 30-Day Notice of Information Collection Under Review: Notice of Appeal to the Board of Immigration Appeals from a Decision of a USCIS Officer. The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) will be submitting the following information collection request to the Office of Management and... [read document]
View Document | Download PDF
Articles
'High Value' Migration and Complicity for Underdevelopment and Corruption in the Global South: ...
Third World Quarterly, Vol. 33, No. 3, 2012 Hakeem O. Yusuf Queen's University Belfast - School of Law Date Posted: December 27, 2011 Accepted Paper Series Judicial Review Under Section 75(v) UNSW Law Research Paper No. 2011-56 John Basten affiliation not provided to SSRN Date Posted: December 24, 2011 Last Revised: February 07, 2012Building Inclusive Societies: The Role of Substantive Equality, Ideas of Justice and ...
EQUAL IS NOT ENOUGH: CHALLENGING DIFFERENCES AND INEQUALITIES IN CONTEMPORARY SOCIETIES, pp. 24-42, Joz Motmans, Daniël Cuypers, Petra Meier, Dimitri Mortelmans, Patrizia Zanoni, eds., Hasselt University, 2011, University of Hong Kong Faculty of Law Research Paper No. 2012/010, Puja Kapai University of Hong Kong - Faculty of Law Date Posted: January 19, 2012 Last Revised: February 03, 2012A Critique of the Foreigners Act, 1946: A Legislation de Jure or de Facto?
Suraj Singh National University of Study and Research in Law (NUSRL) Date Posted: January 21, 2012 Working Paper Series 9 downloads Developing Capacities for Inclusive Citizenship in Multicultural Societies: The Role of Deliberative Theory and Citizenship Education Public Organization Review, Vol. 12, 2012, University of Hong Kong Faculty of Law Research Paper No. 2012/015 Puja Kapai University of Hong Kong - Faculty of Law Date Posted: January 21, 2012 Accepted Paper Series The Human Rights of Women in the Hong Kong Special Administrative Region University of Hong Kong Faculty of Law Research Paper No. 2012/013 Puja Kapai University of Hong Kong - Faculty of Law Date Posted: January 21, 2012 Last Revised: February 03, 2012Accepting Sosaâs Invitation: Did Congress Expand the Subject Matter Jurisdiction of the ATS ...
Samuel T. Morison Government of the United States of America - Department of Defense Date Posted: January 17, 2012 Working Paper Series 83 downloads Blunders of the Supreme Court of the United States, Part 7 Dan Goodman affiliation not provided to SSRN Date Posted: January 17, 2012 Working Paper Series 7 downloads Where Do We Go from Padilla v. Kentucky? Thoughts on Implementation and Future Directions New England Law Review, Vol. 45, No. 2, 2011, U of Maryland Legal Studies Research Paper No. 2012-3 Maureen Sweeney University of Maryland Francis King Carey School of Law Date Posted: January 17, 2012 Accepted Paper Series 28 downloads Measuring the Climate for Immigrants: A State-by-State Analysis THE ROLE OF THE STATES IN IMMIGRATION ENFORCEMENT AND POLICY, Gabriel Jack Chin and Carissa Hessick, eds., New York University Press, 2012 Huyen Pham and Van H. Pham Texas Wesleyan University School of Law and Baylor University - Department of Economics Date Posted: January 16, 2012 Accepted Paper Series Detrimental Reliance on Detrimental Reliance: The Courtsâ Conflicting Standards for the Retroactive Application of New Immigration Laws to Past Acts Rutgers Law Review, Forthcoming Anjum Gupta Rutgers School of Law -- Newark Date Posted: January 14, 2012 Accepted Paper Series 3 downloads Doctrinal Mutilation: The Board of Immigration Appeals' Flawed Analysis of the 'Continuing Persecution' Doctrine in Claims Based on Past Female Genital Mutilation Georgetown Immigration Law Review, Vol. 23, p. 39, Fall 2008 Anjum Gupta Rutgers School of Law -- Newark Date Posted: January 14, 2012 Accepted Paper Series 1 downloads Poverty, Wealth and Inequality through the Lens of Globalization: Lessons from the United States and Mexico Indiana Law Review, Vol. 34, No. 4, pp. 1243-1260, 2001, Northeastern University School of Law Research Paper Lucy A. Williams Northeastern University - School of Law Date Posted: January 14, 2012 Accepted Paper Series 1 downloads Transitioning to What? Transitional Justice and Gendered Citizenship in Chile and Colombia GENDER IN TRANSITIONAL JUSTICE, Susanne Buckley-Zistel, Ruth Stanley, eds., Palgrave Macmillan, 2011 Catherine O'Rourke Transitional Justice Institute (University of Ulster) Date Posted: January 14, 2012 Accepted Paper Series Immigrant Education and the Promise of Integrative Egalitarianism Michigan State Law Review, Vol. 2011, No. 2, p. 575, 2011 Victor C. Romero Pennsylvania State University - Dickinson School of Law Date Posted: January 13, 2012 Accepted Paper Series 3 downloads Padilla v. Kentucky: The Effect of Plea Colloquy Warnings on Defendants' Ability to Bring Successful Padilla Claims Yale Law Journal, Vol. 121, No. 4, p. 944, 2012 Danielle Marie Lang Yale University - Law School Date Posted: January 13, 2012 Accepted Paper Series 33 downloads The Rights of Noncitizens in the United States Annual Review of Law and Social Science, Vol. 7, pp. 289-308, 2011 Susan Bibler Coutin affiliation not provided to SSRN Date Posted: January 10, 2012 Accepted Paper Series Recentering Foreign Affairs Preemption in Arizona v. United States: Federal Plenary Power, the Spheres of Government, and the Constitutionality of S.B. 1070 Cleveland State Law Review, Vol. 60, No. 1, 2012 Patrick J. Charles Government of the United States of America - Air Force Date Posted: January 09, 2012 Last Revised: January 26, 2012The Challenges of Facilitating Effective Legal Defense in Deportation Proceedings: Allowing ...
South Texas Law Review, Vol. 53, No. 3, 2012 M. Isabel Medina Loyola University New Orleans College of Law Date Posted: February 09, 2012 Accepted Paper Series Marriage Fraud California Law Review, Vol. 100, No. 1, 2012, Virginia Public Law and Legal Theory Research Paper No. 2012-12 Kerry Abrams University of Virginia School of Law Date Posted: February 08, 2012 Accepted Paper Series 6 downloads Peaceful Penetration: Proxy Marriage, Same-Sex Marriage, and Recognition Michigan State Law Review, p. 141, 2011, Virginia Public Law and Legal Theory Research Paper No. 2012-13 Kerry Abrams University of Virginia School of Law Date Posted: February 08, 2012 Accepted Paper Series 1 downloads China and the Human Emory Law and Economics Research Paper No. 12-121, Emory Public Law Research Paper No. 12-185 David L Eng , Teemu Ruskola and Shuang Shen University of Pennsylvania - Department of English , Emory University School of Law and Pennsylvania State University - College of the Liberal Arts Date Posted: February 03, 2012 Working Paper Series 8 downloads Rebellious State Crimmigration Enforcement and the Foreign Affairs Power Washington University Law Review, Vol. 89, 2012 , University of Washington School of Law Research Paper No. 2011-29 Mary D. Fan University of Washington - School of Law Date Posted: February 02, 2012 Accepted Paper Series 2 downloads Beyond the 'Chilling Effect': Immigrant Worker Behavior and the Regulation of Occupational Safety & Health Employee Rights and Employment Policy Journal, Vol. 14, No. 2, p. 267, 2010 Jayesh Rathod American University - Washington College of Law Date Posted: January 31, 2012 Accepted Paper Series à¸à¸²à¸£à¸à¸±à¸à¸à¸²à¸£à¸¨à¸¶à¸à¸©à¸²à¹à¸à¸£à¸°à¸à¸à¹à¸£à¸à¹à¸£à¸µà¸¢à¸ à¹à¸à¹à¸à¸¸à¸à¸à¸¥à¸à¸µà¹à¹à¸¡à¹à¸¡à¸µà¸«à¸¥à¸±à¸à¸à¸²à¸à¸à¸°à¹à¸à¸µà¸¢à¸à¸£à¸²à¸©à¸à¸£à¸«à¸£à¸·à¸à¹à¸¡à¹à¸¡à¸µà¸ªà¸±à¸à¸à¸²à¸à¸´à¹à¸à¸¢à¹à¸à¸à¸£à¸°à¹à¸à¸¨à¹à¸à¸¢ à¸à¸±à¸à¸à¸²à¸£à¸à¸±à¸à¹à¸à¸µà¹à¸¢à¸§à¸à¸à¸à¸à¸£à¸°à¹à¸ªà¸à¸²à¸à¸´à¸à¸´à¸¢à¸¡à¹à¸¥à¸°à¸à¹à¸²à¸¡à¸à¸²à¸à¸´à¸à¸´à¸¢à¸¡: ศึà¸à¸©à¸²à¸à¸£à¸à¸µà¹à¸£à¸à¹à¸£à¸µà¸¢à¸à¸§à¸±à¸à¸¨à¸´à¸£à¸´à¸¡à¸à¸à¸¥ à¸à¸³à¸à¸¥à¸à¹à¸²à¸à¹à¸à¸²à¸° à¸à¸³à¹à¸ à¸à¹à¸¡à¸·à¸à¸ à¸à¸±à¸à¸«à¸§à¸±à¸à¸ªà¸¡à¸¸à¸à¸£à¸ªà¸²à¸à¸£ (Formal Education for Non-Thai or Undocumented Person in Thailand and the Duel between Transnationalism and Nationalism: A Case Study of Wat Sirimongkhol School, Baan Koh, Muang, Samut Sakhon) 22nd National Graduate Research Conference, pp. 148-162, 2011 Kittisak Jermsittiparsert and Aksorn Sawasdee Kasetsart University - Graduate School and affiliation not provided to SSRN Date Posted: January 31, 2012 Accepted Paper Series 'Illegal Migrants' in India: The Controversy Surrounding the Supreme Court's Decision to Strike Down the Illegal Migrants Act, 1983 Bhairav Acharya affiliation not provided to SSRN Date Posted: January 30, 2012 Working Paper Series 2 downloads A Season of Change: Reforming the H-2B Guestworker Program Clearinghouse Review, Vol. 45, Nos. 1-2, May-June 2011 Jayesh Rathod American University - Washington College of Law Date Posted: January 30, 2012 Accepted Paper Series 1 downloads Protecting Immigrant Workers Through Interagency Cooperation Arizona Law Review, Vol. 53, No. 4, 2011 Jayesh Rathod American University - Washington College of Law Date Posted: January 30, 2012 Accepted Paper Series 1 downloads The Question of the Protection of 'Environmental Refugees' from the Standpoint of International Law MIGRATION AND CLIMATE CHANGE, pp. 359-386, dâEtienne Piguet, Antoine Pécoud & Paul de Guchteneire, eds., UNESCO Publishing/Cambridge University Press, August 2011, Christel Cournil Université Paris XIII Nord Date Posted: January 30, 2012 Accepted Paper Series 3 downloads Five Years of the Citizens Directive in the UK - Part 2 Journal of Immigration, Asylum and Nationality Law, Vol. 24, No. 4, pp. 331-357, 2011 Anthony Valcke American Bar Association Rule of Law Initiative Date Posted: January 29, 2012 Accepted Paper Series Plylerâs Legacy: Immigration and Higher Education in the 21st Century Michigan State Law Review, Vol. 2011, No. 2, p. 261, 2011, U of Houston Law Center No. 2012-A-4 Michael A. Olivas and Kristi L. Bowman University of Houston Law Center and Michigan State University College of Law Date Posted: January 27, 2012 Accepted Paper Series 5 downloads Chevron Without the Courts? The Supreme Court's Chevron Revision Project Through an Immigration Lens Georgetown Immigration Law Review, Forthcoming, U of Maryland Legal Studies Research Paper No. 2012-6 Shruti Rana University of Maryland Francis King Carey School of Law Date Posted: January 26, 2012 Accepted Paper Series Regulation that Defies Gravity: Policy, Economics and Law of Legal Immigration in Europe European Journal of Legal Studies, Vol. 4, No. 2, 2011 Anna Kocharov European University Institute Date Posted: January 25, 2012 Accepted Paper Series 5 downloads The Legal Adaptation of British Settlers in Turkey Queen Mary School of Law Legal Studies Research Paper No. 97/2012 Derya Bayir and Prakash Shah affiliation not provided to SSRN and Queen Mary University of London, School of Law Date Posted: January 25, 2012 Accepted Paper Series 27 downloads Constitutionalizing Immigration Law on its Own Path Cardozo Law Review, Vol. 33, No. 2, p. 491, 2011, UNLV William S. Boyd School of Law Legal Studies Research Paper Anne R. Traum University of Nevada, Las Vegas, William S. Boyd School of Law Date Posted: January 24, 2012 Accepted Paper Series 14 downloads Harm Suffered by Children in Immigration Detention: Can Tort Law Provide Redress? Tort Law Review, Vol. 14, p. 16, 2006 Anita Mackay Monash University - Faculty of Law Date Posted: January 24, 2012 Last Revised: January 25, 2012
