How the Immigration System Works

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

Recent Features

  • Fact Sheet
Why Don’t Immigrants Apply for Citizenship?

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

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  • Fact Sheet
Temporary Protected Status: An Overview

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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  • Fact Sheet
How the United States Immigration System Works

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

  • Fact Sheet

How USCIS Estimates Application and Petition Processing Times

Publication Date: 
July 18, 2018
This fact sheet provides an overview of how USCIS calculates processing times and the concerns over the accuracy of these estimates.
  • Special Report

The Immigrant Success Story

Publication Date: 
June 11, 2018
Some confusion exists regarding the economic aspects of family-based immigration. To help unpack those aspects, this report focuses on one of them—namely, the earnings of family-based immigrants.
  • Fact Sheet

The Diversity Immigrant Visa Program: An Overview

Publication Date: 
November 13, 2017
This fact sheet provides an overview of the diversity visa program, the requirements and security checks currently in place, and demographic information about recipients.
  • Fact Sheet

Immigration Detainers: An Overview

Publication Date: 
March 21, 2017
This fact sheet explains detainers, how they are used by federal and local enforcement, and the impact they have on immigrants.
  • Special Report

Giving the Facts a Fighting Chance: Addressing Common Questions on Immigration

Publication Date: 
December 14, 2015

Americans pride themselves on belonging to a nation of immigrants. In fact, many Americans celebrate not only the traditions of the United States, but the traditions of the countries from which...

  • Special Report

Crafting a Successful Legalization Program: Lessons From the Past

Publication Date: 
June 19, 2013
One of the themes that emerged from the Senate Judiciary Committee mark up of the 2013 Senate immigration bill was the necessity of avoiding the mistakes of the past. In the context of legalization...
  • Special Report

Second Annual DHS Progress Report

Publication Date: 
April 12, 2011
In its second year under the Obama Administration, the Department of Homeland Security (DHS)—which is responsible for the nation’s three immigration agencies (USCIS, CBP, and ICE)—continues to...
  • Special Report

Breaking Down the Problems: What's Wrong with our Immigration System

Publication Date: 
January 1, 2010
While some characterize our immigration crisis as solely an issue of the 11 to 12 million unauthorized...
  • Special Report

Essential to the Fight: Immigrants in the Military Eight Years After 9/11

Publication Date: 
November 9, 2009
From the Revolutionary War to the current conflicts in Afghanistan and Iraq, immigrants have made significant contributions to the United States by serving in our military forces. Today, immigrants...
  • Special Report

Breaking Down the Problems: What's Wrong with Our Current Immigration System?

Publication Date: 
October 21, 2009
While some characterize our immigration crisis as solely an issue of the 11 to 12 million unauthorized immigrants living in this country, our problems extend beyond the number of undocumented people...
  • Legal Resources and Litigation

Statement for the House Judiciary Committee, Subcommittee on Immigration and Border Security on "Another Surge of Illegal Immigrants Along the Southwest Border: Is this the Obama Administration's New Normal?"

February 6, 2016
The statement shares our analysis and research regarding the children and families that have fled Central American violence to the United States.
  • Legal Resources and Litigation

Statement for the Senate Homeland Security and Governmental Affairs Committee on "Ongoing Migration from Central America: An Examination of FY2015 Apprehensions"

October 21, 2015
The statement shares our research and analysis regarding the children and families that have fled Central American violence to the United States.
  • Legal Resources and Litigation

Statement for the Senate Judiciary Committee on "Oversight of the Administration's Misdirected Immigration Enforcement Policies: Examining the Impact on Public Safety and Honoring the Victims"

July 21, 2015
The statement highlights that immigrants are less likely to be serious criminals than the native-born and that high rates of immigration are associated with lower rates of violent crimes and property crimes.
  • Legal Resources and Litigation

Statement for the Senate Homeland and Security and Governmental Affairs Committee on "The 2014 Humanitarian Crisis at our Border: A Review of the Government's Response to Unaccompanied Minors One Year Later"

July 7, 2015
The statement highlights our revised report, A Guide to Children Arriving at the Border: Laws, Policies and Responses (June 2015), which explains why children are fleeing their homes in Central America, what happens to the children once they are in U.S. custody, and what the government has done in response.
  • Blog

Fear of Another 9/11 Continues to Drive US Immigration Policy 20 Years Later

September 14, 2021

The September 11th terrorist attacks not only led to the tragic deaths of 2,977 people, they fundamentally changed the nature of immigration law and policy in the United States. Since 9/11, the U....

  • 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...

  • 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 (...

  • Blog

Why Biden’s Immigration Bill Is the Boldest in Decades

January 21, 2021

During his campaign, President Biden promised that immigration reform would be one of his top priorities upon taking office. After unveiling the summary of a sweeping immigration reform bill on...

  • Blog

The Trump Administration Will Inflict More Damage to the Immigration System Before Leaving Office

December 2, 2020

As the Biden-Harris administration prepares to take office, many anxiously await what immigration policies the Trump administration will finalize in the lead up to Inauguration Day in the form of...

  • Blog

New US Citizenship Test Makes It Harder for Immigrants to Become Citizens

November 17, 2020

Lawful permanent residents seeking to become U.S. citizens will now be required to take a more difficult and longer citizenship test. U.S. Citizenship and Immigration Services (USCIS) announced...

  • Blog

Biden’s Immigration Plan Is a Promising Start in the Work Ahead

November 12, 2020

This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election.  President-elect Joe Biden’s plan on...

  • Blog

Naturalization Fees: A Poll Tax Hidden in Plain Sight

October 21, 2020

The application fee to apply for U.S. citizenship was due to rise from $640 to $1170 on October 2. Though the fee hike was temporarily blocked in federal court, this is not the first time U.S....

  • Blog

Indigenous People Face Persistent Language Access Challenges in Immigration Detention

October 12, 2020

The effort to permanently replace Columbus Day with Indigenous Peoples’ Day signifies a growing movement to honor the resilience and history of indigenous communities. The day presents an...

  • Press Release

The Immigrant Success Story: How Family-Based Immigrants Thrive in America

June 12, 2018
Through analysis of data from the decennial census and administrative data from the Immigration and Naturalization Service, this special report examines the earnings gains over time of all immigrants, as well as the earnings gains experienced by family-based immigrants compared to employment-based immigrants.
  • Blog

USCIS Updates Key CSPA Interpretation to Protect Some Immigrant Youth, But Backlogs Continue to Cause Hardships

September 5, 2023

On August 24, 2023, U.S. Citizenship and Immigration Services (USCIS) announced a new update to its policy manual clarifying a previous policy change aimed at expanding green card eligibility...

  • Blog

At Dueling Border Hearings, New House Majority Pushes Partisan Narrative Over Facts

February 10, 2023

In January, Republicans took control of the House of Representatives. After a lengthy fight over the Speaker of the House resolved, the new majority wasted no time in holding multiple hearings on...

  • Blog

Who Enforces Immigration Policy Anyway?

August 10, 2022

The lack of a major overhaul in the United States’ immigration system for roughly thirty years has created an ecosystem where states have attempted to insert their authority over immigration,...

  • Blog

New Report Reveals Why USCIS Is Plagued by Enormous Backlogs and Wait Times

June 29, 2022

U.S. Citizenship and Immigration Services (USCIS) operates under a flawed funding model. This virtually guarantees that the agency will always be under-funded and under-staffed. As a result, USCIS...

  • Comments

Comments Recommend USCIS Clarify FOIA Request Process

Publication Date: 
May 5, 2022
The Council submitted comments on USCIS suggested changes to Form G-639 and Instructions. The G-639 Form and Instructions are used to submit FOIA requests to USCIS by mail.
  • Blog

The Biden Administration Needs to Change Course on Green Cards Before It’s Too Late

April 22, 2022

The Biden administration failed to issue many of the immigrant visas—more commonly known as green cards—that were allotted last year for immigrants who have been sponsored by a U.S. employer or...

  • Blog

Canada’s New Immigration Targets Show How the United States Is Falling Behind

February 22, 2022

The Canadian government released its 2022-2024 immigration targets earlier this week. Should it reach these targets, the number of new immigrants entering Canada would reach levels not seen in...

  • Blog

Biden’s ‘Secret’ Flights of Migrants Debunked as a Routine Part of the US Immigration System

February 2, 2022

Some media outlets have reached a fever pitch over what they have deemed President Biden’s “secret flights of migrants.” They claim that the Biden administration is covertly flying migrants into...

  • Fact Sheet

An Overview of the Government Funding Process: Appropriations

Publication Date: 
December 15, 2021
This fact sheet aims to explain the basics of the federal government funding process, also known as appropriations, and show how it affects the world of immigration and immigration enforcement.
  • Blog

The Border Isn’t Open. Just 1 in 3 People at the Border Last Year Could Access the Asylum Process.

October 26, 2021

The Department of Homeland Security (DHS) published new data last week showing that over the past 12 months, the Border Patrol has carried out nearly 1.7 million apprehensions at the southern...

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