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

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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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

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

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...
  • 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...
  • Fact Sheet

An Overview of the Government Funding Process: Appropriations

Publication Date: 
December 15, 2021
This fact sheet aims to explain the basics of the federal government funding process, also known as appropriations, and show how it affects the world of immigration and immigration enforcement.
  • 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

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

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

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

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.
  • 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...
  • 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.

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