Immigration law and policy are the purview of the federal government. It is the federal government alone who has the power to determine whether a person is an alien, which rights, duties and obligations he/she may have and how he/she may gain residence or citizenship in the United States.

Most of these powers are afforded to Congress; the Executive Branch only oversees refugee power. The judiciary has very little say so in immigration law and policy and generally only adjudicates questions regarding aliens’ constitutional rights and hands down decisions related to inadmissibility, asylum, and the exercise of due process in the immigration process. Congress creates laws which give power to the Department of Homeland Security and other federal agencies to administer and enforce. These agencies promulgate regulations and provide enforcement. 

After September 11, 2001, and the passage of the Homeland Security Act of 2002, the Department of Homeland Security is responsible for enforcing the federal immigration laws. The U.S. Immigration and Customs Enforcement (ICE) and the U.S. Customs and Border Protection (CBP) are the agencies responsible for enforcing these laws and protecting the nation’s borders. The U.S. Citizenship and Immigration Services (USCIS) are DHS’ administrative function. Other federal agencies such as the Departments of Labor, Justice and State promulgate regulations as well. 

This guide will provide an overview of resources for law students researching immigration law including coverage access to various primary law sources and secondary resources that can help guide your research and practice.