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

  • Fact Sheet

Legalization Through “Registry”

Publication Date: 
September 28, 2021
This fact sheet provides information on a provision called “registry” that allows certain non-citizens who are long-term residents of the United States, but who are either undocumented or present in...
  • Fact Sheet

Documented Dreamers: An Overview

Publication Date: 
August 20, 2021
This fact sheet provides an overview of Documented Dreamers, explains how they can age out of immigration status at 21, and summarizes the current federal legislative proposals to protect them from...
  • Fact Sheet

Legalization Through 245(i)

Publication Date: 
August 2, 2021
This fact sheet from the Council provides an overview of how current immigration law allows certain undocumented immigrants to become Lawful Permanent Residents (LPRs) without first having to leave...
  • Fact Sheet

Employment-Based Visa Categories in the United States

Publication Date: 
July 8, 2021
Current U.S. immigration law provides several paths for foreign workers to enter the United States for employment purposes on a temporary or permanent basis. This fact sheet provides basic...
  • 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...
  • Advocacy

Comments Opposing "Public Charge" Plan

December 11, 2018
The American Immigration Council, with the American Immigration Lawyers Association, filed comments because a financial litmus test should never serve as a measure for who we welcome into our country.
  • 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

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...

  • 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...

  • 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...

  • Press Release

American Immigration Council on President Trump’s Plan to End Birthright Citizenship

October 30, 2018
President Donald Trump said yesterday in an interview that he plans to sign an executive order to eliminate birthright citizenship, a principle enshrined in the U.S. Constitution that grants citizenship to any person born within the territory of the United States.
  • 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.
  • Fact Sheet

Asylum in the United States

Publication Date: 
January 15, 2024
Asylum seekers must navigate a difficult and complex process that can involve multiple government agencies. This fact sheet provides an overview of the asylum system in the United States, including...
  • Advocacy

Comment on Executive Office for Immigration Review Proposed Rule Regarding Restoring Appeal Procedures and Administrative Closure

Publication Date: 
November 7, 2023
The American Immigration Council and the American Immigration Lawyers Association submitted this comment in support of the proposed rule, "Appellate Procedures and Decisional Finality in Immigration...
  • Fact Sheet

The Biden Administration’s Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans: An Overview

Publication Date: 
October 31, 2023
An overview of the Biden administration's parole programs for Cubans, Haitians, Nicaraguans and Venezuelans (CHNV), which admit up to 30,000 people per month with the ability to live and work in the...
  • Press Release

Court Allows Turnbacks of Asylum Seekers Without CBP One Appointments to Continue

October 13, 2023
A federal court in California denied a preliminary injunction in a legal challenge to the Biden administration’s policy of turning back asylum seekers who request protection without first obtaining an appointment via the government’s CBP One smartphone app.
  • Blog

New Board of Immigration Appeals Decision Sets Roadblock for Cubans, Others Seeking Green Cards 

September 28, 2023

A recent Board of Immigration Appeals (BIA) decision bars certain recently arrived noncitizens from becoming lawful permanent residents. In Matter of Cabrera-Fernandez, the BIA held that the...

  • Blog

What Does the Looming Government Shutdown Mean for Our Immigration System?

September 28, 2023

After weeks of failed negotiations on spending, Congress has less than a week left to avert a potential government shutdown. Members of the House Republicans’ Freedom Caucus have refused to pass...

  • 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...

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