Immigration Law Sources For Law Students

Prof. Francesco Isgro



1.   –  Primary Sources

        1.1 – The Immigration and Nationality Act of 1952, as amended

1.2 – The Implementing Regulations

1.3 – The Agencies' Administrative Decisions

                    1.4 – The Agencies' Internal Instructions

1.5 – Secondary Sources

1.6 – Treatises & Casebooks

1.7 – Periodicals, Law Journals

1.8 - Internet Resources

1.9 – Official U.S. Government

1.10 – Federal Courts

1.11 – Private

1.12 – International & Comparative



1. Primary Sources

1.1 The Immigration and Nationality Act of 1952, as amended

The Immigration and Nationality Act ("INA"), often referred to as the McCarran-Walter Act, was passed over President Truman’s veto and established the basic structure of our immigration laws. The text of the INA is found at 8 U.S.C.A. §§ 1- et seq. The Homeland Security Act, which created the Department of Homeland Security ("DHS") can be found at 6 U.S.C.A. Chapter 1.

1.2 The Implementing Regulations

8 C.F.R. Chapter I Department of Homeland Security (DHS)

8 C.F.R. Chapter V EOIR - In light of the transfer of functions of the INS out of DOJ, a new 8 CFR chapter V was established to recodify the regulations governing EOIR. See 68 Fed. Reg. 10349 (March 5, 2003)

20 C.F.R. 655 Department of Labor

22 C.F.R. Parts 41-53 Department of State

1.3 The Agencies' Administrative Decisions

                    Board of Immigration Appeals ("BIA")

There are 21 bound volumes containing the published decisions of the BIA from August 1940 to the present. BIA decisions on all questions of law are controlling. The new decisions are posted on EOIR's website at

                     http://www.usdoj.gov/eoir/vll/intdec/lib_indecitnet.html.

                    Administrative Appeals Unit ("AAU")

Precedent decisions of the AAU are published in the BIA bound volumes.

                    Board of Alien Certification Appeals (BALCA) [http://www.oalj.dol.gov/libina.htm]

                    1.4 The Agencies' Internal Instructions

                    DHS - U.S. Citizenship and Immigration Services ("USCIS")

                     Handbooks, memoranda, policy guidances

                     Operations Instructions ("OIs")

                     Department of State    Foreign Affairs Manual Vol. 9 ("FAM")

1.5 Secondary Sources

1.6 Treatises & Casebooks

                    Aleinikoff, Martin, and Motomura, IMMIGRATION PROCESS AND POLICY (Thomson/West)

A leading law school case book edited by two former General Counsel of the former INS.

                    Gordon, Mailman, & Yale-Loehr, IMMIGRATION LAW AND PROCEDURE (Mathew Bender)

This is the leading treatise on immigration law. It contains case cites supporting statements made in the text. The looseleaf publication consists of 20 volumes and is updated on a regular basis.

                    Kurzban, KURZBAN'S IMMIGRATION LAW SOURCEBOOK (AILA)

                    Legomsky, IMMIGRATION LAW AND POLICY (Foundation Press)

A leading law school case book.

1.7 Periodicals, Law Journals

                    Interpreter Releases (West Group)

A weekly newsletter on all aspects of immigration.

                    Bender's Immigration Bulletin (Mathew Bender)

This biweekly newsletter provides updates on immigration law, and summaries of administrative and federal courts decisions.

                    Georgetown Immigration Law Journal

                    AILA - Immigration and Nationality Law Handbook - Annual Publication

This is a "how to" annual publication by the American Immigration Lawyer's Association. It contains sections on various topics prepared by AILA members in conjunction with their annual conference.

1.8 Internet Resources

1.9 Official U.S. Government Sites

                   Department of Justice [http://www.usdoj.gov]

Executive Office For Immigration Review (EOIR) [http://www.usdoj.gov/eoir]

Executive Office for U.S. Attorneys - [http://www.usdoj.gov/usao/eousa]

BIA Decisions - [http://www.usdoj.gov/eoir/vll/libindex.html]

                    Department of Homeland Security [ http://www.dhs.gov]

U.S. Immigration and Customs Enforcement [http://www.ice.gov]

U.S. Customs and Border Protection [http://www.cbp.gov]

U.S. Citizenship and Immigration Services [http://www.immigration.gov]

US-Visit [http://www.dhs.gov/us-visit]

                   Department of State [http://www.state.gov]

United States Visa Services [http://travel.state.gov/visa/visa_1750.html 

The FAM is available on the FOIA subweb site

The Human Rights Country Reports[http://www.state.gov/g/drl/rls/hrrpt/] - [http://www.state.gov/g/drl/hr/c1470.htm]

                   Department of Labor [http://www.dol.gov]

Foreign Labor Certification [http://www.ows.doleta.gov/foreign.asp]

                    Government Printing Office [www.access.gpo.gov]

U.S.Code page [www.access.gpo.gov/congress/cong013.html]

                    Library of Congress, Thomas -[http://thomas.loc.gov/home/thomas.html]

1.10 Federal Courts

                    United States Supreme Court [www.supremecourtus.gov]

                    United States Courts of Appeals and District Courts

                    [http://www.uscourts.gov/courtlinks/index.cfm]

1.11 Internet Resources - Private

ILW.COM [http://www.ilw.com]

ILW.COM is a leading immigration law publisher. Its website offers thousands of pages of free information on immigration law. ILW publishes Immigration Daily, currently the only daily newspaper on immigration law in the U.S.

Bender’s Immigration Bulletin [http://bibdaily.com/]

Newest entrant in the online immigration arena. Lots of fresh immigration-related information dished out daily.

Siskind's Immigration Bulletin [http://www.visalaw.com/bulletin.html]

One of the first immigration law site on the internet.

American Immigration Lawyers Association [www.aila.org ]The American Immigration Lawyers Association (AILA) is the national association of over 8,000 attorneys and law professors who practice and teach immigration law.

Center for Immigration Studies - [http://www.cis.org]

The CIS is a think tank devoted exclusively to research and policy analysis of the economic, social, demographic, fiscal, and other impacts of immigration on the United States. This site provides full-text access to its monthly publication The Backgrounder (formerly, Immigration Review). The Backgrounder offers commentary, reports, studies, and statistics on U.S. immigration.

1.12 Internet Resources - International & Comparative

UNHR Refugee Agency

http://www.unhcr.org/cgi-bin/texis/vtx/home

International Organization for Migration

http://www.iom.int/jahia/jsp/index.jsp

Center for International and European Law on Immigration and Asylum

http://migration.uni-konstanz.de/content/index.php?lang=en

 

Rev .08.26.06   Report any bad links