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United States Immigration Law

 

INTRODUCTION 

This is a guide to researching United States immigration law. For information on international immigration and asylum law, see the Immigration and Asylum Law research guide on the Harvard Law School Library Foreign and International Law website. 

I. Secondary Sources
    A. Nutshell, Treatises, and Handbooks
    B.  Encyclopedias and Dictionaries
    C. Electronic Databases
    D. Subject Headings
    E. Current Awareness
    F. Law Reviews and Journals
II. Primary Sources
    A. Statutes
    B. Legislative Histories
    C. Case Law
    D. Administrative Materials
III. Federal Agencies
IV. Organizations
V. Research Guides

 

I. Secondary Sources - 

If you're new to immigration law  then you should start your research by using a secondary source.  Secondary sources are books, articles, or papers, usually  written by experts in the field, that describe and analyze an area of law.  Immigration Law and Procedure in a Nutshell is a great place to start, but so are the legal encyclopedias Corpus Juris Secundum and American Jurisprudence, 2d.

A. Nutshells, Treatises, and Handbooks  - 

  1. Gordon, Mailman & Yale-Loehr Immigration Law and Procedure (E-Resource, LexisNexis password required)
    1. Content: A popular treatise on immigration law that includes analysis by immigration law experts.
    2. Database identifier: Immig;Immlaw
    3. Coverage and Frequency: Current and updated quarterly.
  2. Immigration Law and Procedure in a Nutshell, Law School KF4819.3 .W4 2005x.
  3. Immigration Law and Procedure : Practice and Strategy, Law School ILS RR KF 4819 .G66x 1988
  4. Kurzban's Immigration Law Sourcebook : A Comprehensive Outline and Reference Tool, Kurzban, Ira J. Law School KF4819.3 .K87 2004x. 
  5. Immigration & Nationality Law Handbook, American Immigration Lawyers Association. Law School KF 4819.A2 A415.
  6. U.S. Immigration : A Reference Handbook, LeMay, Michael. Widener WID-LC JV6483 .L46 2004
  7. AILA's Asylum Primer : A Practical Guide to U.S. Asylum Law and Procedure, Germain, Regina. Law School  KF4836.Z9 G47x 2004
B. Encyclopedias and Dictionaries
  1. CJS: Corpus Juris Secundum, KF 154 .C56 (Also available on Westlaw (CJS) ). The C.J.S. is an encyclopedia that covers all aspects of United States law. This set has 152 volumes and a four-volume index. For the print edition start by using the index to search for your subject terms.  If you are using the online version start by finding Aliens in the table of contents. Some topics under Aliens include Admission, Immigrants, Removal of Aliens, and Naturalization. For information on using the electronic version of C.J.S., see Tips for Using Legal Encyclopedias on Westlaw and Lexis.
  2. Am Jur 2d: American Jurisprudence, 2d, KF 154 .A4 (Also available on Westlaw (AMJUR) and Lexis (2NDARY; AMJUR) ). Am. Jur. is an encyclopedia that covers all aspects of United States law. This set has a six-volume index with topical indexes in the last volume that covers each topic. For the print edition start by using the index to search for your subject terms.  If you are using one of the online versions start by finding Aliens and Citizens in the table of contents. Some topics under Aliens and Citizens include Immigration Laws, Authority of Government Bodies and Officials, and Criminal Offenses. For information on using the electronic versions of Am. Jur., see Tips for Using Legal Encyclopedias on Westlaw and Lexis.
  3. Immigration and the Law : A Dictionary, Law School Reference KF4817 .H56 1999.
  4. Bilingual Dictionary of Immigration Terms (English/Spanish), Law School Reference KF 4817 .C66x 1997.

C. Electronic Databases 

  1. Topical Research Areas - Both Westlaw and LexisNexis provide an immigration law directory that includes links to relevant databases in their collections.  
    1. LexisNexis
      1. Immigration Law (LexisNexis ID required)
        • Includes links to immigration-related cases, statutes, administrative materials, news, and more.
    2. Westlaw (Westlaw ID required)
      1. Immigration Law
        • Includes links to immigration-related cases, statutes, administrative materials, news, and more.
      2.  
  2. LexisNexis Databases (LexisNexis ID required)
  1. Bender's Immigration Bulletin
    1. Content: Immigration news, case digests, regulations, government documents, and articles from immigration experts.
    2. Database Identifier: Immig;Immbul
    3. Coverage and Frequency: Current and updated bi-monthly.
  2. Bender's Immigration Regulation Services
    1. Content: Provides regulations and updates for Title 8 (Aliens and Nationality) of the Code of Federal Regulations and immigration related regulations and updates from the Department of State, Department of Justice, Department of Labor, and the Department of Health and Human Services.
    2. Database identifier: Immig;Biregs
    3. Coverage and Frequency: Current and updated monthly.
  3. Bender's Immigration and Nationality Act Service
    1. Content: The complete text of the INA as well as any recent updates.
    2. Database identifier: Immig;Binans
    3. Coverage and Frequency: Current and updated biannually
  4. Gordon, Mailman & Yale-Loehr Immigration Law and Procedure 
    1. Content: A popular treatise on immigration law that includes analysis by immigration law experts.
    2. Database identifier: Immig;Immlaw
    3. Coverage and Frequency: Current and updated quarterly.

3. Westlaw Databases (Westlaw ID required)

  1. Immigration Law Service, 2d
    1. Content: A digital version of the multi-volume loose-leaf. Provides analysis and guidance for immigration-related issues.
    2. Database identifier: IMMLS2D
    3. Coverage and Frequency: Current and updated regularly
  2. Steel on Immigration Law, 2d
    1. Content: Contains the full text of Steel on Immigration. Provides analysis and guidance for immigration-related issues.
    2. Database identifier: STEEL
    3. Coverage and Frequency: Up to date through current print edition.
  3. Immigration Legislation Handbook
    1. Content: Provides coverage on all new immigration legislation
    2. Database identifier: IMLH
    3. Coverage and Frequency: Up to date through current print edition.
  4. U.S. Citizenship and Naturalization Handbook
    1. Content: Provides analysis of the citizenship and the naturalization process.
    2. Database identifier: USCITNAT
    3. Coverage and Frequency: Up to date through current print edition.

D. Subject Headings  - If you are looking for more books on a specific immigration law topic then you can search Harvard's Hollis catalog by the subject headings below.  If you are looking for relevant immigration law cases, statutes, or regulations  then use the LexiNexis Topic or Westlaw Key Number Digest below.  

  1. Hollis Subject Headings - Search Harvard's Hollis catalog by subject heading. Click here to learn how to search the Hollis catalog by subject heading.
    1. Emigration and immigration law -- United States
    2. Alien Labor – United States
    3. Illegal Aliens – United States
    4. National Security – United States
    5. Visas – United States
  2. Lexis Topic or Headnote - Click here to learn how to search LexisNexis Topics and Headnotes.
    1. Immigration Law
      1. Admission
      2. Enforcement
      3. Deportation & Removal
      4. Loss of Citizenship
  3. Westlaw Key Number Digest - Click here to learn how to search the Westlaw Key Number Digest.
    1. 24, Aliens, Immigration, and Citizenship 
      1. In General, k100-k109
      2. Status, Rights, Privileges, Duties, and Disabilities, k110-k139
      3. Immigration Agencies and Officers, k140-k159
      4. Admission and Visas in General, k160-k209
      5. Denial of Admission and Removal, k210-k434
      6. Arrest, Detention, Supervision, and Parole, k435-k489
      7. Asylum, Refugees, and Withholding of Removal, k490-k649
      8. Alien Tort Claims, k760-k768
      9. Offenses, Penalties and Prosecutions, k769-k799

E. Current Awareness 

  1. FindLaw.com - One of the largest websites that provides free legal information.
    1. Immigration Law Section - Contains links to immigration-related newsletters, Supreme Court cases, government agencies, and statistical databases.
  2. Immigration Portal - Provides links to news, blogs, forums, and government processing times.
  3. Immigration Prof blog.com - A popular blog updated regularly by immigration law professors.
  4. Jurist Legal News and Research - Legal news provided by the University of Pittsburgh law students, and analysis provided by experts in the field.
    1. Immigration (US) - Archived immigration-related news and commentary.
  5. Lexis
    1. Bender's Immigration Bulletin (IMMBUL) - Immigration news, case digests, regulations, government documents, and articles from immigration experts.
    2. MH Legal Articles – Immigration Law (ARTIMM) - Offers articles written by practicing attorneys in the field.
    3. The New York Times – Immigration Law Stories (NYTIMM) - Immigration related news articles with coverage from June 01, 1980 through current.
  6. Westlaw
    1. Immigration News (IMM-NEWS) - Includes varied immigration related documents from newspapers, magazines, journals, newsletters, transcripts, and wires. Coverage varies based on the publication.

F. Law Reviews and Journals 

  1. Immigration Law Review Articles, Combined (Lexis)
    1. Search dozens of law reviews and journals for immigration-related articles.
  2. Immigration Law Reviews, Texts and Bar Journals (Westlaw)
    1. Search dozens of law reviews and journals for immigration-related articles.
  3. Georgetown Immigration Law Journal (1985 to Present)
    1. Hollis record (Coverage from 1985 to present)
    2. Westlaw (Coverage from 1989 to present)
    3. Lexis (Coverage from 1997 to present)
    4. Hein Online (Coverage from 1985-2006)
  4. International Journal of Refugee Law
    1. Hollis record (Coverage from 1989 to present)
    2. Hein Online (Coverage from 1989 to 2004)
    3. Westlaw (Coverage from 2002 to present)
  5. Journal of Refugee Studies
    1. Hollis record (Coverage from 1988 to present)
    2. Hein Online (Coverage from 1988 to 2004)
    3. Westlaw (Coverage from 2002 to present)
  6. Columbia Human Rights Law Review
    1. Hollis record (Coverage from 1972 to present)
    2. Hein Online (Coverage from 1967 to 2007)
    3. Lexis (Coverage from 1995 to present)
    4. Westlaw (Coverage from 1984 to present)
  7. Harvard Human Rights Journal
    1. Hollis record (Coverage from 1990 to present)
    2. Hein Online (Coverage from 1988 to 2008)
    3. Lexis (Coverage from 1993 to present)
    4. Westlaw (Coverage from 1989 to present)

II. Primary Sources 

  1. Statutes
    1. Westlaw
      1. Federal Immigration - U.S. Code Annotated - Search documents in the USCA that relate to immigration law.
        1. Database Identifier: FIM-USCA
    2. Lexis
      1. U.S. Code Service - Immigration - Titles 8, 18, 29, and 42 -Search documents in the USCS that relate to immigration law.
        1. Database Identifier: IMMIG;USCS
    3. Print Version
      1. Hollis Record
    4. Free Public Access
      1. US Code in PDF from the House of Representatives
      2. US Code in text format from Cornell University Law School Legal Information Institute
  2. Legislative Histories for Recent Statutes Effecting Immigration Law
    1. Homeland Security Act of 2002
      1. Pub. L. No. 107-296, 116 STAT. 213
    2. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism ( USA Patriot Act) Act of 2001
      1. Pub. L. No. 107-56, 115 STAT. 272
    3. Immigration Act of 1990
      1. Pub. L. No. 101-649, 104 STAT. 4978
    4. Immigration Reform and Control Act of 1986
      1. Pub. L. No. 99-603, 100 STAT. 3359
  3. Case Law
    1. Westlaw
      1. Federal and State Immigration Cases - Search immigration-related materials from federals courts and all fifty states.
        1. IM-CS
      2. Federal Immigration Briefs - Selected immigration-related Supreme Court and court of appeals briefs from 1872 to the present.
        1. Fim-brief
      3. Supreme Court - Search Supreme Court cases dealing with immigration issues.
        1. FIM-SCT
      4. Courts of Appeals - Search Court of Appeals cases dealing with immigration issues.
        1. FIM-CTA
      5. District Courts - Search District Court cases dealing with immigration issues.
        1. FIM-DCT
    2. LexisNexis
      1. Federal Immigration Cases - Search selected immigration cases from the United States Supreme Court, the United States Court of Appeals, the United States District Courts, the United States Bankruptcy Courts, and the United States Court of Federal Claims.
      2. Federal Immigration Cases and Agency Decisions - Search selected immigration federal immigration cases and administrative decisions.
  4. Administrative Materials
    1. Code of Federal Regulations - Hollis Record
      1. HeinOnline (1938 edition to present edition)
      2. Legal Information Institute (Cornell University Law School)
      3. GPOaccess.gov
        1. Search (Current version)
        2. Browse (Current version)
      4. Westlaw
        1. Search and browse all fifty titles of the CFR
      5. Lexis
        1. Search and browse all fifty titles of the CFR

III. Federal Agencies

  1. Department of Homeland Security (DHS)
    1. Immigration Section - The DHS is responsible for naturalization, work authorization, and enforcement of federal immigration laws, to name a few.
    2. Immigration Components of the Department of Homeland Security
      1. U.S. Customs and Border Protection - The CBP is responsible for securing the borders of the United States.
      2. U.S. Immigration and Customs Enforcement - ICE targets "criminal networks and terrorist organizations that seek to exploit vulnerabilities in the immigration system" and other U.S. interests.
      3. U.S. Citizenship and Immigration Services - The USCIS handles lawful immigration to the United States by adjudicating the petitions and applications of potential immigrants.
      4. Citizenship and Immigration Services Ombudsman - The Citizenship and Immigration Services Ombudsman " provides recommendations for resolving individual and employer problems with the United States Citizenship and Immigration Services."
      5. U.S. Coast Guard - Its "mission is to protect the public, the environment, and the United States economic and security interests in any maritime region in which those interests may be at risk, including international waters and America's coasts, ports, and inland waterways."
  2. Department of State
    1. United States Visas for Foreign Citizens - Visa news and information for non-citizens looking to enter the United States.
    2. Visa Waiver Program - Allows citizens from 27 countries to visit the United States for 90 days or less without obtaining a visa.
    3. Visa Bulletin - Provides valuable information and statistics on visa preferences.
    4. Bureau of Consular Affairs - Protects the citizens and issues of citizens abroad.
    5. Bureau of Population, Refugees, and Migration - The PRM repatriation, local integration, and resettlement in the United States to refugees who have a well-founded fear of persecution in their own country.
  3. Department of Justice
    1. U.S. Department of Justice Executive Office for Immigration Review (EOIR) - The EOIR's primary mission is to adjudicate immigration cases...including cases involving detained aliens, criminal aliens, and aliens seeking asylum as a form of relief from removal.
      1. Board of Immigration Appeals (BIA) - The BIA interprets and applies immigration laws. These laws are binding to all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a Federal court."
      2. Office of the Chief Administrative Hearing Officer - OCAHO has jurisdiction over three types of cases, "including those involving allegations of: (1) knowingly hiring, recruiting or referring for a fee or the continued employment of unauthorized aliens and failure to comply with employment verification requirements in violation of section 274A of the INA (employer sanctions); (2) immigration-related unfair employment practices in violation of section 274B of the INA; and (3) immigration-related document fraud in violation of section 274C of the INA."
    2. Office of Special Counsel for Immigration-Related Unfair Employment Practices - The OSC is responsible for enforcing the anti-discrimination provisions of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b.
    3. Office of Immigration Litigation - OIL has jurisdiction over all civil immigration litigation, and is responsible for the nationwide coordination of immigration matters before the federal district courts and circuit courts of appeals.
  4. Department of Labor
    1. Office of Administrative Law Judges - OALJ hears cases involving a wide variety of labor-related actions, including immigration-related alien labor certifications and enforcement actions.
      1. Law Library Immigration Collection - This collection provides various full-text OALJ decisions.
  5. Department of Health and Human Services
    1. Office of Refugee Resettlement - ORR provides refugees in "need with critical resources to assist them in becoming integrated members of American society."
  6. Department of Education
    1. Office of English Language Acquisition - OELA administers and promotes programs that "English language learners and immigrant students attain English proficiency."
    2. Office of Vocational and Adult Education - The OVAE support a wide range of activities that help prepare young people and adults (immigrant and non-immigrant) for further education and successful careers.
    3. Office of Elementary and Secondary Education - Among other duties, the OESE helps ensure equal access to services leading to such improvement for all children, particularly children who are educationally disadvantaged, Native American, children of migrant workers, or homeless.
      1. Office of Migrant Education - The OME administers programs that promote educational opportunities and academic success of migrant children, youth, agricultural workers and fishers, and their families.
  7. Congressional Budget Office
    1. Immigration Collection - CBO documents pertaining to immigration, from 2004 to the present.

IV. Organizations 

  1. AFL-CIO: Immigrant Workers - Information and news for immigrant workers about their rights.
  2. American Bar Association: Commission on Immigration - The Commission directs the ABA's efforts to ensure fair treatment and full due process rights for immigrants and refugees within the United States
  3. American Civil Liberties Union: Immigrants' Rights - Founded in 1987, the ACLU Immigrants' Rights Project is dedicated to expanding and enforcing the civil liberties and civil rights of non-citizens and to combating public and private discrimination against immigrants
  4. American Immigration Law Foundation, The - The AILF is dedicated to increasing public understanding of immigration law and policy and the value of immigration to American society, and to advancing fundamental fairness and due process under the law for immigrants.
  5. American Immigration Lawyers Association - The American Immigration Lawyers Association (AILA) is the national association of over 11,000 attorneys and law professors who practice and teach immigration law.
  6. Asian American Justice Center - Founded in 1991, the Asian American Justice Center works to advance the human and civil rights of Asian Americans through advocacy, public policy, public education and litigation.
  7. Catholic Legal Immigration Network - The Catholic Legal Immigration Network provides a range of legal and non-legal support services to 173 member agencies comprised mainly of Catholic diocesan immigration programs. Their members serve low-income immigrants seeking family reunification, citizenship, as well as other services.  
  8. Cato Institute: Center for Trade Policy Studies: Immigration - A libertarian think-tank that favors comprehensive immigration reform.
  9. Center for American Progress: Immigration - A progressive think-tank that favors comprehensive immigration reform.
  10. Cornell: Legall Information Institute: Immigration Law Overview
  11. Harvard Immigration and Refugee Clinical Program - The Harvard Immigration and Refugee Clinic involves students in the direct representation of victims of human rights abuses in applying for U.S. refugee and related protections.
  12. Immigration Advocates Network - IAN assists immigrants' rights organizations by providing an online resource and communication site to support joint work. Their goal is to enable each organization to serve its members while simultaneously strengthening the immigrants' rights movement as a whole.
  13. Immigration Equality - Founded in 1994, Immigration Equality is a national organization fighting for equality under U.S. immigration law for lesbian, gay, bisexual, transgender, and HIV-positive individuals.
  14. Immigration.change.org
  15. Irish Immigration Center - The IIC provides legal advice, information, advocacy, referrals and support for immigrants from over 100 countries on issues relating to immigration, employment, citizenship, housing and social services.
  16. Labor Immigration Law - Blog with immigration news and analysis.
  17. League of Women Voters Immigration Study - The League of Women Voters recently completed a two-year Immigration Study aimed at helping communities understand the implications of immigration at the local, state, and federal level.
  18. Lutheran Immigration and Refugee Service - LIRS helps resettle refugees, protect unaccompanied children, advocate for just treatment of asylum seekers, and seek alternatives to immigration detention.
  19. Mexican American Legal Defense and Educational Fund - MALDEF is a nonprofit Latino litigation, advocacy, and educational outreach institution.
  20. Migration Policy Institute - A think-tank that exclusively studies international migration.
  21. National Conference of State Legislatures: Immigrant Policy - The NCSL Immigrant Policy Project provides legislative research and analysis on immigration policy issues, such as the provision of benefits, health care, education and housing, and integration assistance.
  22. National Council of La Raza: Immigration - NCLR conducts immigration policy analysis and advocacy activities in its role as a civil rights organization.
  23. National Immigration Forum - NIF advocates and builds public support for public policies that welcome immigrants and refugees to the United States.
  24. National Immigration Law Center
  25.  National Immigration Project - The National Immigration Project provides legal assistance and other technical support to immigrant communities, legal practitioners, and advocates who work to advance the rights of noncitizens.
  26.  National Network to End Domestic Violence: Immigrants - NNEDV is a coalition of organizations dedicated to creating a social, political and economic environment in which violence against women no longer exists.
  27. New York Immigration Coalition, The - The NYIC is an umbrella policy and advocacy organization for more than 200 groups in New York State that work with immigrants and refugees.
  28. Open CRS - A database containing Congressional Research Service documents that have been released to the public by members of Congress. Search for immigration-related reports.
  29.  Pew Hispanic Center Immigration Related Publications - The Pew Hispanic Center is a nonpartisan research organization that seeks to improve understanding of the U.S. Hispanic population and to chronicle Latinos' growing impact on the nation.
  30.  Public Policy Institute of California: Immigration - The Public Policy Institute of California (PPIC) is a private nonprofit organization dedicated to informing and improving public policy in California through independent, objective, nonpartisan research.
  31.  Urban Institute: Immigration Studies - The Immigration Studies Program studies how immigrants enter the U.S. labor market at both the lower-skilled and higher-skilled levels.

V. Research Guides 

  1. Cornell Law School
  2. Washburn University School of Law
  3. New York University School of Law
  4. University of Texas School of Law
  5. Georgetown University School of Law

 

Compiled and edited by George Taoultsides with the assistance of the librarians of the Harvard Law School Library Reference Department.

Last updated 2/27/2009

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