Research Guides: Immigrants and Refugees: U.S. Immigration Law

Overviews of U.S. Law

Immigration Law: An Overview
Synopsis of current and historical law with links to key statutes and codes. From WEX and the Legal Information Institute at Cornell University Law Scholl.
Immigration Law -- from Findlaw.com

Regulations and Policies

USCIS Policy Manual
The agency’s centralized online repository for USCIS’s immigration policies.
USCIS Federal Register Announcements
New regulations are first announced in the Federal Register. This page tracks any new rules promulgated.
Visa Information--from the Dept. of State
Basic background on the types of visas available for travel and work in the U.S.

Court Cases

Immigration Law: Key Supreme Court Cases
Summaries and links to the opinions on immigration law (not specific to the travel ban)

List of court cases filed against Trump EOs

The following is a list of a few of the major cases brought in relation to the Trump travel ban.

Litigation Documents & Resources Related to Trump Executive Order on Immigration
In addition to the opinions cited above Lawfare Blog has an extensive list of ongoing cases as well as briefs and supporting documents filed with the courts. While this is not always up to date it is one of the more complete listing of cases with supporting briefs..
District Court of Hawaii Opinion
Issues temporary restraining order.
International Refugee Assistance Project v. Trump
Fourth Circuit Court of Appeals Opinion 5/25/17

more... less...

In 10-3 decisions the appeals court upholds injunction on Trumps revised travel ban. Opinion, with dissenting views.
Trump v. International Refugee Assistance Project (Supreme Court)
Supreme Court order over ruling (in part) Ninth Circuit opinion and reinstating parts of the Travel Ban. June 26, 2017.
State of Hawaii, et al v. Donald Trump, et al
Appeal of Hawaii District Court restraining order

Immigration Legislation - S. 3036 – Keep Families Together Act

Sponsor:	Sen. Feinstein, Dianne [D-CA] (Introduced 06/07/2018)
Committees:	Senate - Judiciary
Latest Action:	Senate - 06/07/2018 Read twice and referred to the Committee on the Judiciary.

https://www.congress.gov/bill/115th-congress/senate-bill/3036; accessed June 18, 2018.

California Law

The landscape of California Laws is shifting each year. Refer to the updated sites like this one on DACA for more up-to-date coverage.

UC Admissions - California Dream Act
"The California Dream Act extends eligibility for certain types of UC and California financial aid to students, including undocumented students, who qualify for a nonresident tuition exemption under AB 540."
Deferred Action for Childhood Arrivals (DACA)
Updates to DACA and USCIS as courts and amendments are addressed. Related Services for workers surrounding working in CA.
University of California - AB 540 nonresident tuition exemption
"Under California law AB 540, certain nonresident students are exempt from paying nonresident supplemental tuition. If you're granted an AB 540 exemption, you will be charged in-state tuition and fees, and not the supplemental tuition charged to nonresidents."
CA Senate Bill No. 68
California legislative information text resource for the bill that expands AB 540 and in-state tuition for students who attend school in CA.
AB540 - California Dream Act
Outline of AB540 from Saddleback College. What is it? Eligibility requirements, resources and support.

Executive Actions

Obama Administration

Deferred Action on Childhood Arrivals (DACA) -- Memo from Department of Homeland Security (DACA)
Exercising Proset¢orial Discretion with Respect to Individuals Who Came to thei.United States as Children. June 2012

2014 Memo expanding DACA and implementing program for parents (DAPA)

The DACA and DAPA Deferred Action Initiatives: Frequently Asked Questions
Prepared by the non-partisan Congressional Research Service, this paper answers many questions about the programs in an easily understandable manner.
U.S. v Texas (2016)
In a 4-4 split decision in June 2016 the Supreme Court allowed an injunction from Texas blocking deferred action programs to remain in place. SCOTUSBlog has the analysis, the opinion and supporting briefs.
What You Should Know About the Texas Decision on Immigration
Concise outline of the Texas decision and its implications for the DACA and DAPA programs. From Penn State Law.

Trump Administration

Executive Order 13767—Border Security and Immigration Enforcement Improvements

Summary of EO 13767
Summary of the Executive Order on “The Wall” or “Border Security and Immigration Enforcement Improvements” Prepared by the Immigration Rights Clinic at Penn State Law School.
_________________

Executive Order 13768—Enhancing Public Safety in the Interior of the United States
Summary of EO 13768--prepared by The Immigrant Rights Clinic at the Penn State School of Law
A concise summary of key point in the EO
_________________
Executive Order 13769—Protecting the Nation From Foreign Terrorist Entry Into the United States
Signed on Jan 27, 2017. Challenged in several Federal District Courts. A Temporary Restraining Order from the 9th Circuit halted implementation of this on Feb 3rd
_____________________________
Executive Order 13780--Protecting the Nation from Foreign Terrorist Entry into the United States
Signed March 6, 2017. Revokes EO 13769 and attempts to address issues outlined in District Court cases.Has been blocked by courts in Hawaii and Maryland.
District Court of Hawaii Opinion via Lawfare
Issues temporary restraining order. "Travel Ban 3.0: Court Grants Temporary Restraining Order in Hawaii v. Trump"
International Refugee Assistance Project v. Trump
Fourth Circuit Court of Appeals Opinion 5/25/17

more... less...

In 10-3 decisions the appeals court upholds injunction on Trumps revised travel ban. Opinion, with dissenting views.
Sarsour v. Trump -- Memorandum Opinion
Opinion upholding EO 13780. From the Eastern District of Maryland.

List of court cases filed against Trump EOs

Litigation Documents & Resources Related to Trump Executive Order on Immigration
In addition to the opinions cited above Lawfare Blog has an extensive list of ongoing cases as well as briefs and supporting documents filed with the courts.

Key Statutes

A selection of major legislation related to immigration. It is not intended to be a complete list.

Naturalization acts of 1790 and 1795
Among the very first laws passed related to immigration and naturalization
Chinese Exclusion Act, 1882
One of the first laws that restricted immigration.
Immigration Act of 1924 Pub. L. 68-139, 43 Stat. 153
Immigration and Nationality Act (1952) Pub. L. 82-414, 66 Stat. 163
Text of law as originally passed in 1952 (PDF)
Immigration and Nationality Act (1952)
This version incorporates any amendments since the bill was passed in 1952. Kept up to date by the USCIS
Immigration Reform and Control Act of 1986 (IRCA), Pub.L. 99–603, 100 Stat. 3445.
Bill summary of the Reagan era reform bill from Congress.gov
Immigration Reform and Control Act of 1986
Text of law as passed.

More Laws

Public Laws amending the Immigration and Nationalities Act
An extensive list of the Public Laws that have amended the INA from 1986 to date.

Pending Legislation

Congress,gov -- Immigration
Congress.gov is the Library of Congress' main website for tracking legislation. Use this page for tracking legislation in the current congress.

Key agencies

Department of Homeland Security
Umbrella department for many agencies that regulate immigration services.
Immigration and Customs Enforcement (ICE)
" ... enforces federal laws governing border control, customs, trade and immigration..."
U.S. Citizenship and Immigration Services
Executive Office of Immigration Review (U. S. Dept of Justice)
EOIR is responsible for adjudicating immigration cases.

State Law related to immigration and refugees

Immigration (from NCSL)
The National Conference of State Legislators (NCLS) has extensive information on state legislation related to immigrants including a searchable database.

Non-profit Organizations - R. 5950/S.2937 – the HELP Separated Children Act

Sponsor:	Sen. Smith, Tina [D-MN] (Introduced 05/23/2018)
Committees:	Senate - Judiciary
Latest Action:	Senate - 05/23/2018 Read twice and referred to the Committee on the Judiciary.

https://www.congress.gov/bill/115th-congress/senate-bill/2937; accessed June 18, 2018.