Immigration Law




The Immigration and Nationality Act (INA) passed in 1952 provides the foundation for immigration law. The INA is found in Title 8 of the United States Code. The INA is divided into titles, chapters, and sections. The code is a collection of all the laws of the United States. It is arranged in fifty subject titles by general alphabetic order. Title 8 of the CFR deals with "Aliens and Nationality".

Immigration Law, specifically the enforcement of this law, is handled by the Department of Homeland Security (DHS). Particular divisions of the DHS are responsible for administrative and enforcement functions for immigration. One division of DHS, is the U.S. Citizenship and Immigration Services (USCIS), and carries out the administrative functions involved in immigration. The other two divisions, the U.S. Immigration and Customs Enforcement (ICE) and the U.S. Customs and Border Protection (CBP), enforce the laws and protect the U.S. borders.

The U.S. Department of Labor (USDOL) oversees labor employment related aspects pertaining to immigration law. The Certifying Officer (CO) of the DOL oversees the labor process. Besides, the CO, The Board of Alien Labor Certification Appeals (BALCA) (Office of Administrative Law Judges) has jurisdiction over the alien labor certification process and appeals. The Office of Refugee Resettlement under the Department of Health & Human Services, Administration for Children and Families provides resources to newly arrived refugees in the United States.

The Department of State is another agency responsibility for handling visa requests (both of a temporary and permanent nature) from abroad falls with the U.S. Department of State.

The Executive Office for Immigration Review (EOIR), a division of the Department of Justice, plays an important role in the administration of immigration law. The EOIR supervises both the Board of Immigration Appeals (BIA) and the Office of the Chief Immigration Judge.