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.

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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.

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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

Documented Dreamers: An Overview

Publication Date: 
November 18, 2024
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

Birthright Citizenship in the United States

Publication Date: 
October 16, 2024
This fact sheet explains birthright citizenship, the Fourteenth Amendment, and its interpretations. Who is eligible for birthright citizenship? Can birthright citizenship be taken away?
  • Fact Sheet

FEMA’s Role in Migrant Assistance: Exploring the Shelter and Services Program

Publication Date: 
October 10, 2024

When local communities receive new immigrants who have been released at the border by the Department of Homeland Security (DHS), they often provide necessary support to ensure that people have...

  • Fact Sheet

Temporary Protected Status: An Overview

Publication Date: 
July 12, 2024
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.
  • Fact Sheet

How the United States Immigration System Works

Publication Date: 
June 24, 2024
U.S. immigration law is very complex, and there is much confusion as to how it works. This fact sheet provides basic information about how the U.S. legal immigration system is designed.
  • Fact Sheet

An American Immigration Council Analysis of the President’s 212(f) Proclamation and Interim Final Rule Restricting Asylum

Publication Date: 
June 5, 2024
On June 4, the Biden administration issued a presidential proclamation and an Interim Final Rule restricting access to asylum for people crossing into the United States without legal status. The...
  • Fact Sheet

Understanding INA Section 212(f): The President’s Authority to Suspend the Entry of Migrants

Publication Date: 
June 4, 2024
Under Section 212(f) of the Immigration and Nationality Act (INA), the president of the United States has the authority to “suspend the entry” of certain noncitizens into the United States under...
  • Fact Sheet

Naturalization in the United States

Publication Date: 
January 19, 2024
This fact sheet provides an overview of the benefits of obtaining naturalized citizenship in the United States, as well as information about the naturalized population and those who meet the...
  • 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...
  • 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...
  • FOIA

Seeking Records from Immigration Courts about Processing FOIA and Records of Proceedings Requests

The Council seeks records from immigration courts about how they process record requests and comply with proactive disclosure requirements. This information will help advocates ensure that noncitizens in removal proceedings have access to their records and that the courts are complying with record disclosure requirements.
  • 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.
  • 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.
  • Declaration

Council Submits Declaration in Deportation Moratorium Case, Explaining the Complex System of Enforcement and Removal

Publication Date: 
February 12, 2021
The Council submitted this declaration in support of the ACLU's defense of the Biden Administration's moratorium on deportations. This declaration explains how the removal and detention system works.
  • Advocacy

Comment on DHS Proposed Rule to Drastically Expand the Definition and Collection of Biometrics

October 13, 2020
The American Immigration Council, the Immigration Defense Clinic at Colorado Law, and the American Immigration Lawyers Association, submitted a comment in opposition to the Department of Homeland Security proposed rule on the "Collection and Use of Biometrics by U.S. Citizenship and Immigration Services."
  • Advocacy

Summary of Proposed Changes to Student and Exchange Visitor Admissions Process by DHS

October 6, 2020

This document provides a summary of the Department of Homeland Security's September 25, 2020, Proposed Rule, "...

  • Advocacy

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

September 25, 2020

The American Immigration Council and the American Immigration Lawyers Association, through their joint initiative, the Immigration Justice Campaign, submitted this comment in opposition to...

  • Advocacy

Letter Requesting 60-Day Comment Period on Proposed Rule Expanding Collection of Biometrics

September 15, 2020
This new rule will increase the total number of people who are required to submit biometric data from 3.9 million currently to 6.07 million—an increase of more than 60%.
  • Advocacy

Statement for the House Committee on Judiciary Subcommittee on Immigration and Citizenship Hearing on "Oversight of U.S. Citizenship and Immigration Services"

July 29, 2020

The American Immigration Council submitted a written statement to the House Committee on Judiciary Subcommittee on Immigration and Citizenship for a July 29, 2020 hearing on "Oversight of U....

  • Advocacy

Statement for the House Judiciary Committee, Subcommittee on Immigration and Citizenship Hearing “Policy Changes and Processing Delays at U.S. Citizenship and Immigration Services.”

July 16, 2019
The statement highlights the Council’s concerns regarding systemic U.S. Citizenship and Immigration Services delays in responding to Freedom of Information Act (FOIA) requests.
  • 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

Unpacking Myths About Noncitizen Voting — How Heritage Foundation’s Own Data Proves It’s Not a Problem

August 1, 2024
Many politicians have called for overhauling the United States’ election systems by mandating strict voter ID for both registering to vote and actual voting. However, noncitizen voting is extremely rare.
  • Blog

Houston Celebrates Over 2,200 New Citizens in Historic Naturalization Ceremony

July 25, 2024

Naturalization is viewed by many as the end point of an immigrant’s journey—the finish line—and for good reason. The path to naturalization can take many years and requires immigrants to navigate...

  • Blog

Biden’s New Changes to the Asylum Process: What You Need to Know

June 5, 2024

On June 4, President Biden issued a sweeping order under section 212(f) of the Immigration and Nationality Act claiming that allows him to “suspend the entry” of most migrants who cross the border...

  • Blog

USCIS Reduces Its Backlog for the First Time in Years

February 16, 2024

On February 9, U.S. Citizenship and Immigration Services (USCIS) released data about its progress toward meeting its strategic goals in fiscal year (FY) 2023. For the first time in years, the...

  • 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...

  • 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...

  • 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

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.
  • 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.
  • 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.
  • Press Release

Foreign Student Admission Restrictions Hurt America’s Leadership in Innovation

October 22, 2020
The proposal would negatively impact American colleges and universities and foreign students seeking a higher education degree in the United States and have long-term effects for the legal immigration system.
  • Press Release

Fee Increase for Immigration Applications Is an Attack on Legal Immigration

July 31, 2020
U.S. Citizenship and Immigration Services—the government agency that administers the country's legal immigration system—is expected to announce Monday major fee hikes for many immigration-related applications and petitions. The increased fees will impact people applying for U.S. citizenship and asylum, as well as American businesses hiring or retaining employees vital to our country’s recovery from a global health and economic crisis.
  • Press Release

New Report Reveals the Impact of COVID-19 Across the US Immigration System

May 27, 2020
The American Immigration Council's latest report examines major changes to the U.S. immigration system in the wake of the COVID-19 pandemic and the unique challenges the pandemic has created for noncitizens and government agencies.
  • Press Release

Trump’s Immigration Ban Does Not Keep Us Safer or Solve our Economic Challenges

April 22, 2020
President Donald Trump signed an executive order to temporarily suspend immigration to the United States. The order applies to many individuals currently outside the United States who do not yet have immigrant (permanent) visas.
  • Press Release

New Public Charge Rule Guts Legal Immigration Eligibility

August 12, 2019
The Department of Homeland Security announced a new regulation that redefines who can be considered a “public charge” under immigration law. The new regulation will likely have a chilling effect on America’s family-based immigration system, drastically limiting who will be permitted into the United States.
  • Press Release

No One Should Face the Immigration System Alone: The American Immigration Council Highlights the Critical Need for Access to an Attorney for #GivingTuesday Campaign

November 21, 2018
The American Immigration Council announced today that it will focus on the critical need for access to an attorney when navigating the immigration system during its #GivingTuesday and year-end fundraising campaign starting November 27.
  • Press Release

Administration’s Attempt to Restrict Asylum is Illegal and Un-American

November 8, 2018
The Trump administration revealed today a new interim final regulation that restricts access to asylum at the border, causing chaos and uncertainty for many seeking protection.
  • Fact Sheet

Documented Dreamers: An Overview

Publication Date: 
November 18, 2024
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

Birthright Citizenship in the United States

Publication Date: 
October 16, 2024
This fact sheet explains birthright citizenship, the Fourteenth Amendment, and its interpretations. Who is eligible for birthright citizenship? Can birthright citizenship be taken away?
  • Fact Sheet

FEMA’s Role in Migrant Assistance: Exploring the Shelter and Services Program

Publication Date: 
October 10, 2024

When local communities receive new immigrants who have been released at the border by the Department of Homeland Security (DHS), they often provide necessary support to ensure that people have...

  • Blog

Unpacking Myths About Noncitizen Voting — How Heritage Foundation’s Own Data Proves It’s Not a Problem

August 1, 2024
Many politicians have called for overhauling the United States’ election systems by mandating strict voter ID for both registering to vote and actual voting. However, noncitizen voting is extremely rare.
  • Blog

Houston Celebrates Over 2,200 New Citizens in Historic Naturalization Ceremony

July 25, 2024

Naturalization is viewed by many as the end point of an immigrant’s journey—the finish line—and for good reason. The path to naturalization can take many years and requires immigrants to navigate...

  • Fact Sheet

Temporary Protected Status: An Overview

Publication Date: 
July 12, 2024
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.
  • Fact Sheet

How the United States Immigration System Works

Publication Date: 
June 24, 2024
U.S. immigration law is very complex, and there is much confusion as to how it works. This fact sheet provides basic information about how the U.S. legal immigration system is designed.
  • Blog

Biden’s New Changes to the Asylum Process: What You Need to Know

June 5, 2024

On June 4, President Biden issued a sweeping order under section 212(f) of the Immigration and Nationality Act claiming that allows him to “suspend the entry” of most migrants who cross the border...

  • Fact Sheet

An American Immigration Council Analysis of the President’s 212(f) Proclamation and Interim Final Rule Restricting Asylum

Publication Date: 
June 5, 2024
On June 4, the Biden administration issued a presidential proclamation and an Interim Final Rule restricting access to asylum for people crossing into the United States without legal status. The...
  • Fact Sheet

Understanding INA Section 212(f): The President’s Authority to Suspend the Entry of Migrants

Publication Date: 
June 4, 2024
Under Section 212(f) of the Immigration and Nationality Act (INA), the president of the United States has the authority to “suspend the entry” of certain noncitizens into the United States under...

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