LibGuides: Immigration Law Research Guide: Agency Websites

Background

Before 9/11, the Immigration and Naturalization Service (INS) was responsible for enforcing immigration law. After 9/11, the Homeland Security Act of 2002 abolished the INS and created the Department of Homeland Security (DHS). The statute transferred primary responsibility for enforcing and administering immigration laws from the Attorney General to the Secretary of the DHS. Today, three separate agencies within DHS handle immigration functions. USCIS administers benefits and services; law enforcement responsibilities are shared by ICE and CBP.

Federal Agencies with Immigration Responsibilities

Department of Homeland Security:

U.S. Citizenship and Immigration Services (USCIS): On March 1, 2003, the responsibility for providing immigration-related services and benefits such as naturalization and work authorization were transferred from the Immigration and Naturalization Service (INS) to USCIS.
U.S. Immigration and Customs Enforcement (ICE) is responsible for enforcing immigration and customs laws.
U.S. Customs and Border Protection conducts inspections and enforces immigration and customs law at U.S. ports of entry, through border patrol and customs agents.

Department of Justice:

Executive Office for Immigration Review (EOIR): The Attorney General of the United States delegates authority to EOIR to administer and interpret federal immigration law and regulations through the conduct of immigration court proceedings, appellate reviews, and administrative hearings.
- Board of Immigration Appeals (BIA) hears appeals of decisions made in individual cases by Immigration Judges, DHS District Directors, or other immigration officials.
- Office of the Chief Immigration Judge (OCIJ) establishes operating policies and oversees policy implementation for the immigration courts.
- Office of the Chief Administrative Hearing Officer (OCAHO) adjudicates cases concerning employer sanctions, document fraud and immigration-related employment discrimination.
Department of Justice, Immigrant and Employee Rights Section is responsible for enforcing the anti-discrimination provisions of the INA; enforces laws related to national origin discrimination, unfair documentary practices relating to the employment eligibility verification process, and from retaliation.
Office of Immigration Litigation (OIL) has jurisdiction over all civil immigration matters and coordinates immigration matters before federal district and circuit courts.

Department of Labor:

Board of Alien Labor Certification Appeals (BALCA) (Office of Administrative Law Judges) has jurisdiction over the alien labor certification process and appeals.

Department of Health & Human Services, Administration for Children and Families:

Office of Refugee Resettlement provides resources to newly arrived refugees in the United States.

Department of State:

Bureau of Population, Refugees, and Migration (PRM) provides aid for refugees, victims of conflict and stateless persons around the globe.
Office of Visa Services serves as liaisons between the Department of State and U.S. Embassies and Consulates abroad on visa matters, and interprets visa laws and regulations.