General Information

Note Immigration procedures may be impacted by the COVID-19 pandemic. Please see the Immigration & Travel page of the COVID-19 & Texas Law research guide for current information related to COVID-19 and immigration.

About This Guide

Immigration law is complex, and laws and policies regarding immigration have changed rapidly in recent years. This guide was created to provide information on Texas and federal laws related to immigration. Information and resources from government agencies and other organizations that handle various aspects of immigration in the United States are also included.

Please note: this is an area of law that is evolving very quickly. The information contained in this guide is subject to change based on new laws, administrative policies, and regulations.

Texas and Federal Law

Immigration and Nationality Act (INA)

This act went into effect in 1952 and broadly governs immigration and citizenship in the United States. Found in U.S. Code Title 8, Chapter 12, Sections 1101-1537.

U.S. Code, Title 8, Chapter 12, Section 1101. Definitions
Definitions of terms used in this chapter.
U.S. Code, Title 8, Chapter 12, Section 1153. Allocation of immigrant visas
Outlines categories for immigrant visas, including family-based and employment based visas.
U.S. Code, Title 8, Chapter 12, Section 1154. Procedure for Granting Immigrant Status
Outlines the petitioning procedures for those seeking immigrant status.
U.S. Code, Title 8, Chapter 12, Section 1157. Annual admission of refugees and admission of emergency situation refugees
This section gives the President, in consultation with Congress, the ability to determine the maximum number of refugee admissions each year.
U.S. Code, Title 8, Chapter 12, Section 1158. Asylum
Discusses the authority to apply for asylum and the conditions for granting asylum.

Title 8, Code of Federal Regulations: Aliens and Nationality

Title 8 of the CFR contains the regulations issued by various federal agencies that deal with immigration.

Title 8, Chapter I, Subchapter B, Part 204, Subpart A. Immigrant Visa Petitions
Department of Homeland Security regulations on immigrant visa petitions, including relative and family-sponsored petitions, employment-based immigrants, and more.
Title 8, Chapter I, Subchapter B, Part 207. Admission of Refugees
Department of Homeland Security regulations on eligibility, application processing, waivers of inadmissibility, control over approved refugee numbers, and more.
Title 8, Chapter I, Subchapter B, Part 208. Procedures for Asylum and Withholding of Removal
Department of Homeland Security regulations on the asylum process, withholding of removal, and credible fear of persecution.
Title 8, Chapter I, Subchapter B, Part 239. Initiation of Removal Proceedings
Department of Homeland Security regulations that cover notice to appear, cancellation of notice to appear, and effect of filing notice to appear.

Texas Government Code Chapter 752. Immigration

Texas Government Code, Chapter 752, Subchapter C
Known as Senate Bill 4, this law prohibits certain local government officials and certain higher education campus police departments from adopting or enforcing certain policies regarding immigration laws. This law went into effect in May of 2017.

Understanding the Law

Reading the law itself can be complicated. To help you understand the law, below we link to resources that attempt to explain the law in “plain English.”

I want to understand the immigration process. (Texas Law Help)
This guide from Texas Law Help answers common questions about immigration law and is a great primer for anyone interested in the basics of the U.S. immigration process.
How the United States Immigration System Works
This fact sheet from the American Immigration Council provides a broad overview of the American immigration system.
Immigration Overview
This article from Wex, a legal encyclopedia from the Legal Information Institute at Cornell Law School, gives a quick introduction to federal laws related to immigration in the United States.
U.S. Immigration Basics
This article from Nolo, a legal encyclopedia, is a quick introduction to immigration law in the United States.
Lawyers Passport for Basic Immigration Law (TYLA)
This quick guide from the Texas Young Lawyers Association explains the basics of the immigration selection system in the U.S., with chapters on visas, Deferred Action for Childhood Arrival (DACA), and crimmigration.

Know Your Rights

These resources explain basic rights that all people living in the United States are entitled to.

Know Your Rights: Immigration
This article from Texas Law Help outlines rights granted to non-citizens.
Know Your Rights At The Border Pocket Card
This printable guide from the ACLU covers rights at the border regarding questioning, detaining, searches, filming and more.
LGBT Rights and U.S. Immigration Law (Nolo)
These articles answer common questions about the rights of those in the LGBT community who are seeking to immigrate to the U.S.
Know Your Rights: National Immigration Law Center
Links to articles from NILC on rights for immigrants in various situations, including encountering law enforcement and immigration enforcement.

Federal Agencies

These federal agencies are responsible for enforcing or implementing different aspects of U.S. immigration law.

Department of Homeland Security (DHS)

U.S. Citizenship and Immigration Services (USCIS)
USCIS provides immigration-related services and benefits, determines eligibility for citizenship and naturalization, grants green cards, manages work programs, administers humanitarian programs including asylum and refugee matters, oversees adoptions for children from outside the U.S. to U.S.citizens, and more.
U.S. Immigration and Customs Enforcement (ICE)
ICE is in charge of criminal and civil enforcement of federal laws governing border control, customs, trade and immigration. ICE has four separate directorates, including Homeland Security Investigations (HSI), Enforcement and Removal Operations (ERO), Office of the Principal Legal Advisor (OPLA), and Management and Administration (M&A).
U.S. Customs and Border Protection
U.S. Customs and Border Protection is responsible for border security, trade, and travel.

Department of Justice (DOJ)

Executive Office for Immigration Review (EOIR)
EOIR adjudicates all immigration cases in the United States by conducting immigration court proceedings, appellate reviews, and administrative hearings. EOIR includes the Board of Immigration Appeals (BIA), the Office of the Chief Immigration Judge (OCIJ), and the Office of the Chief Administrative Hearing Officer (OCAHO).
Office of Special Counsel for Unfair Immigration-Related Employment Practices (OSC)
OSC investigates and enforces the anti-discrimination provision of the Immigration and Nationality Act (INA) 8 U.S.C. § 1324b, which protects U.S. citizens and certain other work-authorized individuals from employment discrimination based upon citizenship or immigration status.
Office of Immigration Litigation (OIL), Civil Division
OIL oversees all civil immigration litigation, both affirmative and defensive, and it is responsible for coordinating national immigration matters before the federal district courts and circuit courts of appeals.

Department of State (DOS)

Bureau of Population, Refugees, and Migration (PRM)
PRM administers the U.S Refugee Admissions Program and provides humanitarian assistance overseas.
Bureau of Consular Affairs
Along with other responsibilities, the BCA administers the U.S. Visas program and issues passports and documentation for citizens and nationals.

Department of Health and Human Services (HHS)

Office of Refugee Resettlement (ORR)
ORR provides funding for public and private entities that assist refugees, asylees, victims of trafficking, unaccompanied children and other eligible persons with resettlement and self-sufficiency.

E-Books and Databases Available from the Texas State Law Library

These e-books and databases have information on various aspects of immigration law and can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents can register for a library account online. Signing up is free.

AILALink This link opens in a new window
AILALink is a fully searchable, immigration law research website from the American Immigration Lawyers Association. Available AILA publications include, Kurzban's Immigration Law Source-book, Essentials of Immigration Law, Immigration Consequences of Criminal Activity, AILA's Asylum Primer, AILA's Occupational Guide-books Series, The Waivers Book, Representing Clients in Immigration Court, Litigating Immigration Cases in Federal Court and many others. This database also provides access to some primary source materials for immigration law.
Immigration Law & Policy (HeinOnline) This link opens in a new window
This monumental collection is a compilation of the most important historical documents and legislation related to immigration in the United States as well as current hearings, debates and recent developments in immigration law. This first comprehensive database includes BIA Precedent Decisions, legislative histories, law and policy titles, extradition titles, scholarly articles, an extensive bibliography, and other related works.

Our librarians recommend:

Breathe free : a guide to immigration
"Immigration law, which sets forth the rules on when and how a non-U.S. citizen may enter the country, is an integral part of our society. This guide is intended to give you a broad understanding of the process." - from the publisher
Understanding immigration law
This e-book provides a comprehensive, up to date look at immigration laws and procedures. Updated to include major changes by the Trump administration and important court rulings through 2019, this is a great primer for anyone interested in immigration law. Available as an e-book on OverDrive.
U.S. immigration made easy
Provides information on the immigration system and offers advice on obtaining various types of visas and green cards.
Becoming a U.S. citizen : a guide to the law, exam & interview
Helps readers determine their eligibility and offers advice on how to fill out applications forms, study for the citizenship exam, and ace the interview.

Immigration Law