How the Immigration System Works

While updating our immigration system has been a slow process, over the last decade, there have been efforts to pass comprehensive immigration reform legislation and the DREAM Act. Other reform efforts include executive actions such as Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Learn more about the ways America can upgrade its immigration system.

Recent Features

There is no line available for undocumented immigrants and the “regular channels” do not include them.

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This fact sheet provides an overview of how Temporary Protected Status designations are made, what benefits TPS confers, and how TPS beneficiaries apply for and regularly renew their status.

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U.S. immigration law is very complex. Here's basic information about how the U.S. legal immigration system is designed.

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All How the Immigration System Works Content

  • Blog

Trump’s Public Charge Rule Is Blocked Again Over Impact of COVID-19

July 30, 2020

A federal judge in New York has once again put the Trump administration’s “public charge” rule on hold, but only for the duration of the COVID-19 national emergency. This rule, which went into...

  • Blog

Canadian Court Rules US Is No Longer a ‘Safe Third Country’ for Asylum Applicants

July 23, 2020

A Canadian court has ruled that the United States is no longer a country to which the Canadian government could safely return asylum seekers who crossed the U.S-Canada land border.  This upends...

  • Blog

USCIS Wastes Time and Money With Increased Vetting in Citizenship Processing

July 21, 2020

The Trump administration has justified major changes to citizenship processing to “safeguard” the U.S. immigration system from application fraud. Yet the increased vetting has not lowered the...

  • Blog

USCIS Holds Drive-Thru Naturalization Ceremonies to Work Through COVID-19 Backlog

July 13, 2020

U.S. Citizenship and Immigration Services (USCIS) expects, by the end of July, to have worked through nearly the entire backlog of naturalization oath ceremonies put on hold in response to the...

  • Blog

Supreme Court Safeguards Federal Court Review of Torture Protections

June 4, 2020

The U.S. Supreme Court found on Monday that federal courts have the authority to review certain claims from people who are seeking protection from torture. The case, Nasrallah v. Barr, is about...

  • Blog

Board of Immigration Appeals Green Lights Major Errors on Notice to Appear Forms

May 12, 2020

The U.S. government rejects an immigrant’s entire application for a visa or immigration benefit over a single blank field on a form. Applications can be rejected if a box is left unchecked or has...

  • Blog

What You Need to Know About President Trump’s Latest Ban on Immigration

April 23, 2020

At a time when our country is united in the fight against the coronavirus, President Trump is seeking to divide us by turning to a familiar target—immigrants. The president first threatened a full...

  • Blog

There’s No Need to Panic Over Trump’s New Denaturalization Office

March 5, 2020

The Trump administration is creating a new office of attorneys tasked with stripping immigrants of their U.S. citizenship. The task force will investigate and prosecute people it suspects...

  • Blog

Tent Immigration Courts Are Still Not Fully Open to the Public

January 17, 2020

Asylum seekers subject to the Migrant Protection Protocols—or the “Remain in Mexico” program—in Laredo and Brownsville, Texas attend their court hearings in tents known as “port courts.” The...

  • Blog

4 Ways USCIS’ Proposed Fee Increase Fails to Solve the Agency’s Problems

January 6, 2020

U.S. Citizenship and Immigration Services’ (USCIS) recent proposal to increase most of their fees has been met with strong opposition. The proposal drew widespread attention, garnering nearly 10,...

  • Fact Sheet

How the United States Immigration System Works

Publication Date: 
September 14, 2021
U.S. immigration law is very complex, and there is much confusion as to how it works. This fact sheet provides basic information about how the U.S. legal immigration system is designed.
  • Blog

President Biden is Overseeing a Historic Decline in Legal Immigration

August 31, 2021

The Biden administration predicts that it will fail to issue many of the legal permanent resident visas—also known as green cards—allotted this year for immigrants who have been sponsored by a U.S...

  • Fact Sheet

Documented Dreamers: An Overview

Publication Date: 
August 20, 2021
This fact sheet provides an overview of Documented Dreamers, explains how they can age out of immigration status at 21, and summarizes the current federal legislative proposals to protect them from...
  • Fact Sheet

Legalization Through 245(i)

Publication Date: 
August 2, 2021
This fact sheet from the Council provides an overview of how current immigration law allows certain undocumented immigrants to become Lawful Permanent Residents (LPRs) without first having to leave...
  • Letters

Council Urges Biden Administration to Ensure All Immigrant Visas are Processed

Publication Date: 
July 21, 2021
The Council led a letter urging the Biden administration to ensure that all immigrant visas are processed up to the numerical limits by September 30, 2021 to avoid the loss of visas and further...
  • Fact Sheet

Employment-Based Visa Categories in the United States

Publication Date: 
July 8, 2021
Current U.S. immigration law provides several paths for foreign workers to enter the United States for employment purposes on a temporary or permanent basis. This fact sheet provides basic...
  • Advocacy

Statement for the House Judiciary Immigration Subcommittee on "How Outdated U.S. Immigration Policies Push Top Talent to Other Countries"

Publication Date: 
June 24, 2021
This written statement submitted by the Council to Congress shares our analysis of the archaic U.S. immigration policies which are making the United States a less attractive destination for highly...
  • Blog

Biden Administration Revokes Trump’s Health Insurance Visa Ban

May 18, 2021

President Biden revoked a proclamation issued by former President Trump in 2019 that required nearly all prospective immigrants to demonstrate that they would be covered by private health...

  • Blog

Why We Must Improve Immigration Agency Transparency – And How to Do It

March 15, 2021

The Biden administration must improve transparency in the U.S. immigration system. Such efforts go hand in hand with strengthening democratic institutions. Under the Freedom of Information Act (...

  • Declaration

Council Submits Declaration in Deportation Moratorium Case, Explaining the Complex System of Enforcement and Removal

February 12, 2021
The Council submitted this declaration in support of the ACLU's defense of the Biden Administration's moratorium on deportations. This declaration explains how the removal and detention system works.

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