Immigration, Asylum, & Refugee Resource Guide

Immigration is regulated by the federal government.  The main source of statutory law is the Immigration and Nationality Act (INA), originally passed in 1952.  For more than 60 years, the agency responsible for enforcing immigration law was the Immigration and Naturalization Service, an agency within the Department of Justice, headed by the U.S. Attorney General.  After the terrorist attacks against the U.S. on September 11, 2001, the Homeland Security Act of 2002 abolished the INS and created the Department of Homeland Security (DHS).  (Pub. L. No. 107-296, 116 Stat. 2135).

The Homeland Security Act transferred the primary responsibility for enforcing and administering immigration laws from the Attorney General to the Secretary of the DHS, and created three separate agencies within DHS to handle immigration functions: one to administer benefits and services (USCIS) and two to handle law enforcement functions (ICE and CBP).  The Attorney General and the Department of Justice have retained some enforcement powers.  Other federal agencies regulating immigration include the Department of Labor and the Department of State.

The Department of Homeland Security (DHS) contains the following agencies:

• U.S. Citizenship and Immigration Services (USCIS): USCIS is the agency responsible for administering immigration benefits and services.  Sections of the website include Forms, News, Citizenship, Green Card, Tools, and Legal Resources.  The Legal Resources section includes Federal Register announcements, the Immigration and Nationality Act (INA), the Code of Federal Regulations ( 8 CFR), and policy memoranda.  Contains useful information for practicing attorneys and members of the public.  An expanded Spanish USCIS site is also available.


• U.S. Immigration and Customs Enforcement (ICE): ICE is responsible for investigations, detention and removal, intelligence and the administration of the Student and Exchange Visitor Program (SEVP).


• U.S. Customs and Border Protection (CBP): CBP conducts inspections and enforces immigration and customs law at U.S. ports of entry, through border patrol and customs agents.

The Department of Justice (DOJ) webpage now has a Spanish version; see "Justice.gov en español."  The Department of Justice contains the following agencies:

• Executive Office for Immigration Review (EOIR): The EOIR oversees adjudications of DHS administrative actions, the immigration judges, the Board of Immigration Appeals (BIA), the Office of the Chief Administrative Hearing Office (OCAHO), and the Administrative Appeals Office (AAO).  The main page has a link to immigration courts nationwide and to the Immigration Court Practice Manual.  See the "Statistics and Reports" tab for the EOIR Policy Manual.
  
  
  • EOIR Virtual Law Library: Includes links to Attorney General (AG) and BIA decisions (I & N Dec. Volumes 8, 1958 - ) and index, OCAHO decisions (1988- ), AG and BIA Precedent Decisions, C.F.R. Title 8, Immigration-related notices in the Federal Register (FR), the Immigration and Nationality Act (INA), TPS information, and Country Conditions information. 


• Immigrant and Employee Rights Section (IER): (formerly OSC, the Office of Special Counsel for Immigration-Related Unfair Employment Practices): The IER enforces the anti-discrimination provisions of the INA, Section 274B (8 U.S.C. 1324b.)  Located within the Civil Rights Division of the Department of Justice, the IER protects U.S. citizens and legal immigrants from employment discrimination based upon national origin and citizenship or immigration status, unfair documentary practices during the employment eligibility verification process, and retaliation.

The Office of Refugee Resettlement (ORR) is part of the Administration for Children and Families, a division of the U.S. Dept. of Health and Human Welfare. The ORR offers services to refugees and aids in their resettlement, provided they meet certain status and eligibility requirements. They also offer various fact sheets, tool kits and other resources. The ORR homepage also links to additional state refugee programs and services that may be available. 

• The Office of Refugee Resettlement (ORR) provides new populations with the opportunity to maximize their potential in the United States. The programs provide people in need with critical resources to assist them in becoming integrated members of American society.
  • http://www.acf.hhs.gov/programs/orr
• Find Resources and Contacts in Your State
  • http://www.acf.hhs.gov/programs/orr/state-programs-annual-overview
• State of Massachusetts - Programs and Services by Locality
  • http://www.acf.hhs.gov/programs/orr/resource/state-of-massachusetts-programs-and-services-by-locality
• Unaccompanied Children's Services
  • http://www.acf.hhs.gov/programs/orr/programs/ucs
  • General Information about the Unaccompanied Children's Program
  • ORR Guide:Children Entering the United States Unaccompanied
  • Key Documents for the Unaccompanied Children's Services Program
  • Family Reunification Packet Solicitud de Reunificación Familiar
• Unaccompanied Children Released to Sponsors by County http://www.acf.hhs.gov/programs/orr/unaccompanied-children-released-to-sponsors-by-county