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
United States of America v. Maricopa, County of et al
2:2012cv00981
Filed in Arizona District Court
Type of Suit: Other Civil Rights
Plaintiff: United States of America. Defendant: Maricopa, County of, Maricopa County Sheriff's Office and Joseph M Arpaio. Movant: Scott Huminski and Jonathan Lee Riche.
Judge: Roslyn O Silver
Cause Of Action: Federal Question: Other Civil RightsCHEREPANOV 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 Act
Dockets
Rodriguez v. United States of America et al
1:2013cv01535
Filed in Georgia Northern District Court
Type of Suit: Deportation
Plaintiff: Jose Trejo Rodriguez. Defendant: United States of America, Janet Napolitano, Felicia Skinner, Eric Holder, Jr., Unknown Agents of the Atlanta Office of U.S. Immigration & Custom Enforcement and other.
Judge: J. Owen Forrester
Cause Of Action: Civil Rights ActWolf v. State of Texas et al
4:2013cv01284
Filed in Texas Southern District Court
Type of Suit: Deportation
Petitioner: Clair Audrey Wolf. Respondent: State of Texa and Harris County Jail.
Cause Of Action: Petition for Writ of Habeas Corpus (federaMata Aguilar v. Gastelos et al
3:2013cv00141
Filed in Texas Western District Court
Type of Suit: Deportation
Defendant: Board of Immigration Appeal, Elias Gastelos, Jr. and Guadalupe R. Gonzalez. Notice Only Party: Magdalena Jara. Plaintiff: Sergio Mata Aguilar.
Judge: Frank Montalvo
Cause Of Action: Prisoner Civil RightsCantu Sanchez v. Roark et al
4:2013cv01232
Filed in Texas Southern District Court
Type of Suit: Deportation
Plaintiff: Martin Cantu Sanchez. Defendant: David Roark, Alejandro Mayorka, Janet Napolitano and Eric H. Holder, Jr.
Cause Of Action: Petition for Writ of MandamusAllicock v. Murphy
3:2013cv00614
Filed in Connecticut District Court
Type of Suit: Deportation
Petitioner: Sean Felisciano Allicock. Respondent: Murphy.
Judge: Vanessa L. Bryant
Cause Of Action: Petition for Writ of Habeas Corpus (federal)
Legislation
Bill Introduced: S.891 American Jobs in American Forests Act of 2013
A bill to increase the employment of Americans by requiring State workforce agencies to certify that employers are actively recruiting Americans and that Americans are not qualified or available to fill the positions that the employer wants to fill with H-2B nonimmigrants.Bill Introduced: S.883 Domestic Refugee Resettlement Reform and Modernization Act of 2013
A bill to reform and modernize domestic refugee resettlement programs, and for other purposes.Bill Introduced: H.R.1773 Agricultural Guestworker Act
To create a nonimmigrant H-2C work visa program for agricultural workers, and for other purposes.Bill Introduced: H.R.1784 Domestic Refugee Resettlement Reform and Modernization Act of 2013
To reform and modernize domestic refugee resettlement programs, and for other purposes.Bill Introduced: H.R.1781 Mustafa Akarsu Local Guard Force Support Act
To amend the Immigration and Nationality Act to provide for special immigrant status for certain spouses and children of employees of the United States Government abroad killed in the line of duty.
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
Introduction: Global Issues in Immigration Law
R. Aldana, B. Lyon, W. Kidane & K. McKanders, Global Issues in Immigration Law, West Academic Publishing Global Issues Series, West Academic Publishing, 2013, Villanova Law/Public Policy Research Paper No. 2013-3044 Raquel E. Aldana , Beth Lyon , Won Kidane and Karla Mari McKanders University of the Pacific - McGeorge School of Law , Villanova University School of Law , Seattle University School of Law and University of Tennessee College of Law Date Posted: May 11, 2013 Last Revised: May 16, 2013Fragmenting the Community: Immigration Enforcement and the Unintended Consequences of Local ...
St. John's Law Review, Vol. 88, No. 1, 2014, New England Law | Boston Research Paper No. 13-13 Natashia Tidwell New England Law Boston Date Posted: May 08, 2013 Accepted Paper Series 4 downloads Conundrum of an Immigrant: Assimilation versus Cultural Preservation Journal of Identity and Migration Studies Vol. 6, No. 2, pp. 36-54, Autumn/Winter 2012 Joanna Diane Caytas Columbia University Date Posted: May 07, 2013 Accepted Paper Series 12 downloads Easing the Guidance Document Dilemma Agency by Agency: Immigration Law and Not Really Binding Rules University of Michigan Journal of Law Reform, Vol. 47, 2013, Widener Law School Legal Studies Research Paper No. 13-28 Jill E. Family Widener University - School of Law Date Posted: May 07, 2013 Accepted Paper Series 7 downloads What Marriage Law Can Learn from Citizenship Law (and Vice Versa) Law & Sexuality, Vol. 22, 2013, Stanford Public Law Working Paper No. 2260379 Govind Persad Stanford Law School Date Posted: May 05, 2013 Accepted Paper Series 55 downloads Human Rights Aspirations, Professional Obligations: Practitioner Survey on the Ethics of Domestic Human Rights Notre Dame Journal of International, Comparative and Human Rights Law, Vol. 1, pp. 114-144, Spring 2011, Villanova Law/Public Law & Legal Theory Working Paper No. 2013-3039 Beth Lyon Villanova University School of Law Date Posted: May 05, 2013 Last Revised: May 07, 2013Use of the Term 'Illegal Alien'
Sage Publications, 2012 Shoba Sivaprasad Wadhia Penn State Law Date Posted: April 11, 2013 Accepted Paper Series 3 downloads The Economic Benefits of Comprehensive Immigration Reform Cato Journal, Vol. 32, No. 1, 2012 Raul Hinojosa-Ojeda University of California, Los Angeles (UCLA) Date Posted: April 11, 2013 Accepted Paper Series 13 downloads Is Birthright Citizenship Good for America? Cato Journal, Vol. 32, No. 1, 2012 Margaret D. Stock United States Military Academy Date Posted: April 11, 2013 Accepted Paper Series 3 downloads Internal Enforcement, E-Verify, and the Road to a National ID Cato Journal, Vol. 32, No. 1, 2012 Jim Harper The Cato Institute Date Posted: April 11, 2013 Accepted Paper Series The Institute of the Law Enforcement Authorities and the Problems, Connected with the Reinforcement of the Migratory Processes THE LEGAL AND ECONOMIC ASPECTS OF PUBLIC ADMINISTRATION IN THE RUSSIAN FEDERATION AND THE USA: THEORY, PRACTICE AND RESEARCH. â Vladimir â Macomb, 2012.- ISBN 978-5-8311-0645-9, Margarita Evgenyevna Uliyanova Russian Presidential Academy of National Economy and Public Administration Date Posted: April 10, 2013 Accepted Paper Series 2 downloads Overcoming Barriers to Education for Refugees with Disabilities Migration Australia Journal, Vol. 3, 2013, Forthcoming , Sydney Law School Research Paper No. 13/31 Laura Smith-Khan University of Sydney - Faculty of Law Date Posted: April 10, 2013 Accepted Paper Series 4 downloads Genuine Improvement or Paying Lip Service? Conquering the Communication Complexities in Protection Assessments Migration Australia Journal, Vol. 2, 2012, Sydney Law School Research Paper No. 13/30 Laura Smith-Khan University of Sydney - Faculty of Law Date Posted: April 10, 2013 Accepted Paper Series 38 downloads The Ideological and Electoral Determinants of Laws Targeting Undocumented Migrants in the U.S. States Joshua Zingher State University of New York at Binghamton Date Posted: April 10, 2013 Working Paper Series 9 downloads Deterring the âBoat Peopleâ: Explaining the Australian Government's People Swap Response to Asylum Seekers University of Oxford Centre on Migration, Policy and Society Working Paper 13-103: 1-22 Reza Hasmath and Jaffa McKenzie University of Oxford and University of Melbourne Date Posted: April 09, 2013 Working Paper Series 14 downloads Engendering Protection: An Analysis of the 2009 Kampala Convention and Its Provisions for Internally Displaced Women 23(2) Int'l J. Refugee Law 221 Lauren Groth University of California, Berkeley - School of Law Date Posted: April 09, 2013 Accepted Paper Series Remedies for Unlawful Alien Workers: One Law for the Native and for the Stranger Who Resides in Your Midst? An Empirical Analysis Georgetown Immigration Law Review, Vol. 28, No. 2, 2013 Michael H. LeRoy University of Illinois College of Law Date Posted: April 07, 2013 Accepted Paper Series 92 downloads Workplace Enforcement Workarounds William & Mary Bill of Rights, Vol. 21, No. 2, 2012, UC Irvine School of Law Research Paper No. 2013-102 Stephen Lee University of California, Irvine School of Law Date Posted: April 07, 2013 Last Revised: May 06, 2013The Arab-Israeli Conflict and International Law
Boston Univ. School of Law, Public Law Research Paper No. 13-11 S. Michael Lynk and Susan Musarrat Akram University of Western Ontario - Faculty of Law and Boston University School of Law Date Posted: April 23, 2013 Working Paper Series 23 downloads The EU Free Movement of Persons from a Spanish Perspective: Exploring its Evolution and Derogations European Public Law, Vol. 19, No. 2, 2013 Nuno Ferreira University of Liverpool Date Posted: April 23, 2013 Accepted Paper Series Preempting Immigration Detainer Enforcement Under Arizona v. United States 3 Wake Forest J. of L. & Pol'y __ (2013), Forthcoming, University of Denver Sturm College of Law Legal Research Paper Series, Working Paper No. 13-23 Christopher N. Lasch University of Denver Sturm College of Law Date Posted: April 22, 2013 Accepted Paper Series 11 downloads Realizing the Right to Health of Undocumented Immigrants in Europe: Legal and Social Challenges Proceedings of the 13th World Congress on Public Health, April 23-27 2012, Monduzzi Editore, Bologna, May 2013 Bogumil Terminski University of Geneva Date Posted: April 21, 2013 Accepted Paper Series 22 downloads International Norm-Making on Forced Displacement: Challenges and Complexity (Introductory Remarks) Annual Meeting (American Society of International Law), Vol. 106 (March 2012), pp. 429-430 Tom Syring Norwegian Immigration Appeals Board Date Posted: April 21, 2013 Accepted Paper Series 14 downloads A eficácia ex nunc da naturalização e a extradição de brasileiro (The Ex Nunc Effect of Naturalisation and Extradition from Brazil) Revista de Informação Legislativa, BrasÃlia, v. 134, p. 263-268, 1997, Ricardo Perlingeiro Universidade Federal Fluminense (UFF) Date Posted: April 20, 2013 Accepted Paper Series 4 downloads Race, Descent, and Tribal Citizenship 4 California Law Review Circuit 23 (2013) Bethany Berger University of Connecticut School of Law Date Posted: April 20, 2013 Last Revised: May 05, 2013Working Conditions and Job Satisfaction of China's New Generation of Migrant Workers: Evidence ...
IZA Discussion Paper No. 7405 Huashu Wang , Lei Pan and Nico Heerink Guizhou University , VU University Amsterdam - Faculty of Economics and Business Administration and Wageningen UR Date Posted: May 18, 2013 Working Paper Series Eliciting Illegal Migration Rates Through List Randomization IZA Discussion Paper No. 7401 David McKenzie and Melissa Siegel World Bank Development Research Group and Maastricht University - Graduate School of Governance Date Posted: May 18, 2013 Working Paper Series Negative and Positive Assimilation by Prices and by Quantities IZA Discussion Paper No. 7389 Barry R. Chiswick and Paul W. Miller University of Illinois at Chicago and Curtin University of Technology - School of Economics and Finance Date Posted: May 18, 2013 Working Paper Series Who Moves and for How Long: Determinants of Different Forms of Migration IZA Discussion Paper No. 7388 Daniela Borodak and Matloob Piracha Loire Valley University - France Business School and University of Kent, Canterbury - Department of Economics Date Posted: May 18, 2013 Working Paper Series Quality of Life, Firm Productivity, and the Value of Amenities Across Canadian Cities Canadian Journal of Economics/Revue canadienne d'économique, Vol. 46, Issue 2, pp. 379-411, 2013, David Albouy , Fernando Leibovici and Casey Warman University of Michigan at Ann Arbor - Department of Economics , New York University (NYU) and Queen's University (Canada) - Department of Economics Date Posted: May 18, 2013 Accepted Paper Series Poor Immigrants Use Public Benefits at a Lower Rate than Poor Native-Born Citizens Cato Institute Economic Development Bulletin No. 17 Leighton Ku and Brian Bruen George Washington University - Department of Health Policy and George Washington University - Department of Health Policy Date Posted: May 14, 2013 Accepted Paper Series 1 downloads Migration Patterns To Mexico: Migration Patterns to Mexico from Central America are Based on the United States Economy Nabeel M. Saleheen Marymount University (VA) Date Posted: May 13, 2013 Working Paper Series 2 downloads Foreign Scientists and Engineers and Economic Growth in Canadian Labor Markets IZA Discussion Paper No. 7367 Giovanni Peri and Kevin Yang Shih University of California, Davis - Department of Economics and University of California, Davis Date Posted: May 11, 2013 Working Paper Series Intra-Firm Upward Mobility and Immigration IZA Discussion Paper No. 7378 Mohsen Javdani and Andrew McGee Simon Fraser University (SFU) and Simon Fraser University (SFU) Date Posted: May 11, 2013 Working Paper Series South-South Migration and the Labor Market: Evidence from South Africa IZA Discussion Paper No. 7362 Giovanni Facchini , Anna Maria Mayda and Mariapia Mendola Tinbergen Institute , Georgetown University - Department of Economics and University of Milan - Centro Studi Luca d'Agliano (LdA)Department of Economics, University of Milano Bicocca Date Posted: May 11, 2013 Working Paper Series All the Workers We Need: Debunking Canada's Labour-Shortage Fallacy SPP Research Paper No. 6-16 Kevin McQuillan University of Calgary - The School of Public Policy Date Posted: May 09, 2013 Accepted Paper Series 18 downloads Can the Augmented Solow Model with Migration Explain the Italian Internal Brain Drain? LABOUR, Vol. 27, Issue 2, pp. 140-163, 2013 Romano Piras Universita di Cagliari Date Posted: May 09, 2013 Accepted Paper Series South-South Migration and the Labor Market: Evidence from South Africa CEPR Discussion Paper No. DP9450 Giovanni Facchini , Anna Maria Mayda and Mariapia Mendola University of Nottingham , Georgetown University - Department of Economics and University of Milan - Centro Studi Luca d'Agliano (LdA)Department of Economics, University of Milano Bicocca Date Posted: May 02, 2013 Working Paper Series 1 downloads Immigration, Unemployment and Growth in the Host Country: Bootstrap Panel Granger Causality Analysis on OECD Countries CESifo Working Paper Series No. 4213 Ekrame Boubtane , Dramane Coulibaly and Christophe Rault University Paris 1 , Centre d'Etudes Prospectives et d'Info. Internationales (CEPII) and University of Orleans Date Posted: May 01, 2013 Working Paper Series 11 downloads Gender and Global Lawyering: Where are the Women? Indiana Journal of Global Legal Studies, 2013 Steven A. Boutcher and Carole Silver University of Massachusetts - Department of Sociology and Public Policy and Indiana University Maurer School of Law Date Posted: April 30, 2013 Accepted Paper Series 8 downloads Earnings Differentials and Returns to Education in China, 1995-2008 IZA Discussion Paper No. 7349 Yuling Cui , Daehoon Nahm and Massimiliano Tani Macquarie University, Sydney , Macquarie University - Department of Economics and University of New South Wales - Australian Defence Force Academy Date Posted: April 28, 2013 Working Paper Series 6 downloads The Effects of Broadband Internet Expansion on Labor Market Outcomes Industrial and Labor Relations Review, Vol. 66, No. 2, 2013 Hilal Atasoy Temple University - Fox School of Business and Management Date Posted: April 27, 2013 Accepted Paper Series A Note on Canadian Migration to the United States During the 1980s and 1990s Applied Economics, Vol. 45, No. 22, 2013 Richard Mueller University of Lethbridge Date Posted: April 25, 2013 Accepted Paper Series 2 downloads Fiscal Policy, Returns to Skills, and Canada-US Migration: Evidence from the Late 1990s Canadian Public Policy, Vol. 39, No. 1, March 2013 Gary L. Hunt and Richard Mueller University of Maine and University of Lethbridge Date Posted: April 25, 2013 Last Revised: May 01, 2013
