How the Immigration System Works

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

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.

READ MORE

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.

READ MORE

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.

READ MORE

All How the Immigration System Works Content

  • 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...
  • 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...

  • 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 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...

  • Practice Advisories

Nightingale v. USCIS and FOIA Requests for Immigration Case Files (A-Files)

Publication Date: 
April 17, 2023
This practice advisory explains 1) the ways to submit a FOIA request for a client’s immigration records, or A-File, 2) provides suggestions for avoiding agency rejections of the requests, and 3) identifies issues related to the Nightingale injunction that class counsel are monitoring.
  • 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...

  • Fact Sheet

An Overview of the “Uniting for Ukraine” Program

Publication Date: 
January 13, 2023
This program allows Ukrainians displaced by the Russian invasion of Ukraine to apply to come to the United States through “humanitarian parole.” Ukrainians who are granted humanitarian parole may...
  • 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.

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending