Schaffer Law Library’s Guide on Immigration Law Materials

The executive branch of the federal government, acting under statutes passed by Congress, has wide power to regulate immigration into the United States. The basic statute governing immigration is the McCarran-Walter Act, the Immigration and Nationality Act of 1952 (INA), ch. 477, 66 Stat. 163, codified in the United States Code, Title 8: Aliens and Nationality. Since 1952 Congress has frequently amended this Act, the most substantial recent amendment being the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. 104-208, 110 Stat. 3009.

Until November 2002, the central immigration agency was the Immigration and Naturalization Service, a bureau of the Department of Justice. The Homeland Security Act, Pub.L. 107-296, '' 441 et seq., 116 Stat. 2192 ff, however, abolishes I&NS and transfers many of its functions to a new Department of Homeland Security.

FEDERAL AGENCIES

• Department of State: Consuls issues visas required initially to enter U.S. Denial appeals may go to DOS Visa Office for advisory opinions; but under the Homeland Security Act, ' 428, codified at 6 USC ' 236, the Secretary of Homeland Security has the ultimate authority to refuse visas.

Regulations: 22 CFR pts. 40 et seq. Manual: Foreign Affairs Manual

• Department of Labor: Grants certification allowing aliens to obtain permanent

employment in U.S.; appeals go to Board of Alien Labor Certification Appeals (BALCA)

Regulations: 29 CFR pts. 504 et seq., 655-656 Decisions of BALCA: American Immigration Lawyers Association

• Department of Justice: Executive Office for Immigration Review (EOIR):

Statutorily recognized by the Homeland Security Act, ' 1101, codified at 6 USC ' 521, this Office oversees the adjudication of administrative actions taken by the immigration bureaus of the Department of Homeland Security.

o Immigration Courts

o

: preside over deportation and exclusion hearings; appeals to Board of Immigration Appeals Board of Immigration Appeals (BIA): hears appeals from immigration judges and certain determinations of INS district directors; BIA decisions may be reviewed by Attorney General; for jurisdiction, see 8 CFR ' 3.

o Office of the Chief Administrative Hearing Officer (OCAHO): Hears complaints regarding employment of illegal aliens and employer

Schaffer Law Library’s Guide on Immigration Law Materials

discrimination on basis of national origin or citizenship. Such cases are investigated by the Office of Special Counsel for Immigration-Related Unfair Employment Practices.

• Department of Homeland Security: Under the Homeland Security Act, ' 452,

codified at 6 USC ' 272, a Citizenship and Immigration Services Ombudsman is to monitor performance of the Department=s immigration bureaus, facilitate the solution of immigration issues, and periodically report to Congress.

• US Citizenship and Immigration Services: Processes all immigrant and

non-immigrant benefits provided visitors to the U.S., including such things as applications of family members and prospective employees to immigrate; adjudication of asylum and refugee proceedings; and approval of naturalization applications. Operates through application support centers, service centers, field offices, national customer service call centers (NCSC), and forms centers. Relies on the following documents (available on its website and in some cases in Gordon & Mailman, Immigration Law and Procedure

o

) to supplement and clarify the statute and regulations:

Operating Instructionso

: formal agency procedures Interpretations: informal opinions on recurring issues

o Handbooks and Manuals: publications for public information o Immigration policy and procedural memoranda

: announcements of new or changed agency policies

Administrative Appeals Office (AAO): Administratively part of USCIS; hears appeals from district directors and regional service centers. For jurisdiction, see 8 CFR 103.

• US Immigration and Customs Enforcement: Enforces immigration and customs

laws through investigations of possible statutory violations, detention and removal of removable aliens, and collection of immigration intelligence. Operates through border and interior enforcement field offices and immigration detention facilities. In addition to other guidance material on its website, relies on its Immigration Detention Operations Manual.

• US Customs and Border Protection: Enforces immigrations and customs laws at ports of entry.

Schaffer Law Library’s Guide on Immigration Law Materials Judicial review

• Gordon, C., and Mailman, S.,

of administrative actions in the immigration context is very limited. Consular denials of visas cannot be judicially reviewed (22 F.2d 290). The U.S. courts of appeals, subject to strict limitations, can review alien removal orders (INA ' 242). District courts can review labor certification orders (' 279), citizenship claims (sec. 360), and naturalization determinations (' 336). MAJOR TREATISES

Immigration Law and Procedure

•

(KF4819 .G653): in addition to treatise, appendix volumes print primary sources including Immigration and Nationality Act, agency regulations and issuances, and Dept. of State Foreign Affairs Manual. Final two volumes contain "practice and strategy" for immigration practitioners. Immigration Law Service

• D. Weissbrot,

(KF4815 .I45): treatise, plus primary sources, including Immigration and Nationality Act, 8 USC annotated, table correlating Act and code, INS and other agency regulations and other issuances, and Dept. of State's Foreign Affairs Manual. Last volume contains newsletter, index, and tables.

Immigration Law and Procedure in a Nutshell

•

(KF4819.3.W4) American Immigration Lawyers Assn., Selected Fundamentals of Immigration Law and Practice

• (KF4819 .S45)

Kurzban=s Immigration Law Sourcebook• Vols. 18 and 18A of

(KF4819.3 .K87) Federal Procedure L.Ed.

• 10C

(1981-) provide a convenient survey of immigration practice and judicial review

Federal Procedural Forms L.Ed. PERIODICALS AND ANNUALS Check the

, chp. 40, collects pertinent practice forms.

Index of Legal Periodicals and the Current Law Index under the heading "Immigration and Emigration" and the cross-references listed. Some Standard Periodicals Georgetown Immigration Law Journal (continuing Law Reporter) Immigration and Nationality Law Review Immigration Briefings Immigration Journal INS Reporter Annuals In Defense of the Alien (1978-) PLI Basic Immigration Law (1989-)

Schaffer Law Library’s Guide on Immigration Law Materials PLI Immigration and Naturalization Law Institute DIGESTS Patel's Immigration Law Digest, 4 vols. (1940-): digests administrative decisions under immigration and nationality laws. West's Federal Digests: digests federal court opinions under topic "Aliens." American Law Reports (ALR) Annotations: check Index to Annotations

•

under headings "Aliens" and "Immigration and Naturalization." CITATORS

• Danilov's U.S. Immigration Law Citator Patel's Citations of Administrative Decisions Under Immigration and Nationality Laws

•

Shepard's Immigration and Naturalization Citations

LEGISLATIVE HISTORY COLLECTIONS

: Covers BIA decisions, federal court opinions, and citations to 8 USC and CFR.

• Hutchinson, E., Legislative History of American Immigration Policy, 1798-1965

•

(1981) Immigration and Nationality: Legislative Histories and Related Documents, 1952-1978

• Montwieler, N., (1979-), 32 vols. to date

The Immigration Reform Law of 1986: analysis, text, and legislative history

• Also check (1987)

HeinOnline’s US Federal Legislative History Library ONLINE SOURCES

• WESTLAW and LEXIS carry decisions of the immigration adjudicatory bodies (such as BIA); federal court immigration opinions; related statutes, regulations, and some secondary sources

• Center for Immigration Studies • American Immigration Lawyers Assn • Asylum.Org • National Immigration Law Forum • Immigration ProfBlog (links to many other online immigration resources)

Schaffer Law Library’s Guide on Immigration Law Materials REPORTERS

• Official decisions of BIA and predecessor agencies. Cited as I. & N. Dec. Slip decisions appear as Interim Decisions

•

(USdoc. J21.11/2), which until printed are cited by number. Some decisions, vol. 10 on, are available on the INS homepage, arranged by subject. Bender's Immigration Case Reporter (formerly Immigration Law and Procedure Reporter) (1985-): annual, looseleaf volumes printing text of federal court opinions, decisions of BIA and Administrative Appeals Office, and Labor Certification appeals. Bulletin Volume contains monthly bulletin, text of 8 USC and of agency regulations, proposed regulations and statutes, and official forms. Practice Materials Volume

contains practice pointer articles and finding aids (including tables of cases and docket numbers, and tables of occupations).

Administrative Decisions Under Immigration and Nationality Laws of the United States

• Plender, R.,

(1940-) (USdoc J21.11) INTERNATIONAL LAW

Basic Documents on International Migration Law• Goodwin-Gill, G.,

(1988) International Law and the Movement of Persons Between

States• Hannum, H.,

(1978) The Right to Leave and Return in International Law and Practice

(1987)