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

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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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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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

  • 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...
  • 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...

  • Blog

USCIS’ Changes to ‘Affidavit of Support’ Make It Harder for Americans to Sponsor Immigrant Family Members

October 7, 2020

The Department of Homeland Security has proposed a rule that would make it much more difficult for U.S. citizens and legal immigrants—especially those experiencing financial hardship—to sponsor...

  • Blog

USCIS Cancelled Planned Staff Furloughs, But Budgetary Challenges Remain

August 26, 2020

U.S. Citizenship and Immigration Services (USCIS) told Congress in May that it was running out of money and would need a $1.2 billion bailout to maintain its operations without major disruptions....

  • Blog

USCIS Fee Hikes Will Go Into Effect for These Applications

July 31, 2020

U.S. Citizenship and Immigration Services (USCIS) released an advance copy of a final rule on July 31 that will impose significant fee increases across many facets of the legal immigration system...

  • 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...

  • Press Release

AILA and the American Immigration Council Respond to Supreme Court Oral Arguments in U.S. v. Texas

November 29, 2022
In response to the Supreme Court of the United States hearing oral arguments in the case, U.S. v. Texas -- a dispute over the Biden Administration’s authority to set immigration policy, the American Immigration Lawyers Association (AILA) and the American Immigration Council (AIC) have issued the following statement.
  • FOIA

FOIA Request Seeks Records Regarding Parole Guidance and Incorrect Addresses on CBP Documents After Migrants Flown to Martha's Vineyard

The requested records will shed light on CBP's practices with respect to granting and extending humanitarian parole and the agency's determinations regarding which addresses to include on immigration paperwork.
  • 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...

  • Press Release

U.S. Residents Sue USCIS and NARA for Delays in U.S. Citizenship Applications

May 25, 2022
Thirteen people waiting to become U.S. citizens filed a lawsuit challenging U.S. Citizenship and Immigration Services’ unreasonable delays and failure to process U.S. naturalization applications filed in 2020.
  • Litigation

Challenging USCIS To End Naturalization Application Delays

This lawsuit challenges USCIS' unreasonable delay in processing naturalization applications that were filed in 2020 and has prevented applicants from becoming U.S. citizens.
  • 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...

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