Which Government Agencies Manage Immigration? A Complete Guide

Several government agencies enforce federal immigration laws, each responsible for a different part of the immigration system. Different agencies manage applications, border security, visa processing, labor certification, and immigration court proceedings.

Understanding these agencies’ functions simplifies your immigration process and helps you move through the process more efficiently. It also helps you avoid delays by directing your questions and paperwork to the right place and knowing which agencies will make key decisions in your case.

This article explains federal immigration laws and the various roles of the federal agencies that regulate and enforce them. You can also talk to an immigration attorney near you for legal advice tailored to your situation. An attorney can also communicate with agencies like USCIS, ICE, or the State Department on your behalf.

Federal Agencies That Oversee Immigration Matters

The federal government handles enforcing U.S. immigration laws. For instance, the Immigration and Nationality Act (INA) is the primary legal resource governing admissions of noncitizens into the United States. The INA also issues sanctions for those who violate immigration laws.

Various U.S. government agencies handle immigration matters. Each has a specific role in handling migrants coming into the United States. These agencies are vital in enforcing immigration policies, facilitating lawful entry into the U.S., and ensuring public safety. Keep reading to learn more about these agencies and their responsibilities.

The U.S. Department of Homeland Security (DHS)

The U.S. Department of Homeland Security (DHS) is a crucial U.S. government agency. DHS plays a vital role in the administration of the immigration system in the United States.

U.S. Citizenship and Immigration Services (USCIS)

Created in 2003, the U.S. Citizenship and Immigration Services (USCIS) is a branch of the DHS. USCIS handles all immigration-related applications and authorizations for foreign people inside the United States. This includes:

• Asylum applications
• Naturalization applications
• Refugee applications
• U.S. visa petitions

DHS also manages other immigration functions, such as:

• Employment-based petitions: USCIS oversees the immigration of foreign workers through different employment-based visa categories. This is crucial for U.S. employers hiring workers with specialized skills and knowledge. The process often requires sponsorship from a U.S. employer. Employers need to prove that they can’t fill the job with workers in the United States.
• Family-based petitions: USCIS plays a vital role in family reunification. They handle petitions filed by lawful permanent residents and U.S. citizens to have their family members migrate to the United States. The family-based immigration category includes fiances, spouses, children, parents, and other family members.
• Asylum and refugee applications: USCIS also processes asylum applications. Asylum applications are for people seeking protection from persecution in their home countries. The fear of harm is often based on their race, religion, nationality, political opinion, or membership of a particular social group.
• Naturalization: Naturalization is the process by which a foreign national becomes a U.S. citizen. The USCIS oversees this process. It ensures that the applicants meet the eligibility requirements to become U.S. citizens.

U.S. Immigration and Customs Enforcement

U.S. Immigration and Customs Enforcement (ICE) is the major investigative arm of DHS. ICE is the law enforcement agency that identifies and shuts down vulnerabilities at the border. It also handles transportation and infrastructure security. ICE has authority over illegal immigrant detention and removal.

U.S. Customs and Border Protection (CBP)

A branch of the DHS, the U.S. Customs and Border Protection is the single unified agency that protects the borders and ports of entry to the United States. It monitors and secures U.S. borders by preventing illegal smuggling of goods and people.

CBP includes customs inspectors, immigration inspectors, and agriculture inspectors at the nation’s entry points, borders, airports, and seaports. The CBP seeks to help the flow of legitimate trade and travel through points of entry into the United States.

Executive Office for Immigration Review (EOIR)

The EOIR is a sub-agency of the U.S. Department of Justice. This agency oversees immigration courts, DHS adjudications, and the Board of Immigration Appeals (BIA). It also conducts appellate reviews, administrative hearings, and immigration court proceedings.

U.S. Department of Labor

When hiring foreign workers, U.S. employers should get “labor certification.” Employers apply for this certification through the Department of Labor. All U.S. employers should also verify the employment authorization of the hired workers. They can do so by filing a Form I-9, the Employment Eligibility Verification form.

U.S. Department of State

The U.S. Department of State is vital in handling immigration matters outside the United States. For instance, its U.S. embassies and consulates process U.S. visas for foreign nationals traveling to the United States. It also plays a vital role in shaping immigration policies through diplomatic efforts.

Categories of U.S. Visas

In general, there are two main categories of U.S. visas: nonimmigrant visas and immigrant visas.

Nonimmigrant Visas

Foreign nationals seeking temporary authority to enter the United States get nonimmigrant visas. The goal of nonimmigrant travelers is to come to America for tourism, medical treatment, business, or other types of temporary work. Nonimmigrant visa applicants file directly to the U.S. embassy or consulate in their home countries.

Immigrant Visas

Immigrant visas are for foreign nationals intending to live and work permanently in the United States. In most cases, a family member or a U.S. employer sponsors or files a petition on their behalf. The USCIS processes the application or petition.

History of U.S. Immigration Laws

The Immigration and Nationality Act (INA) became law in 1952. Since then, it has become one of the primary sources of immigration laws.

This act specifies rules for the admission of foreign nationals into the country, determines their immigration status, manages deportation procedures, and more. Understanding these provisions is crucial for those looking to migrate to the U.S., get lawful permanent residency, or become a U.S. citizen.

For over six decades, the Immigration and Naturalization Service (INS), an agency under the Department of Justice, implemented immigration policies. But after the terrorist attacks on Sept. 11, 2001, the Homeland Security Act of 2002 abolished the INS. The Department of Homeland Security (DHS) was established.

The Homeland Security Act of 2002 shifted the primary duty for immigration law administration and enforcement from the U.S. Attorney General to the Secretary of the DHS. The act likewise established three other agencies that fall under the DHS, which are as follows:

• U.S. Citizenship and Immigration Services (USCIS)
• Immigration and Customs Enforcement (ICE)
• Customs and Border Protection (CBP)

Despite abolishing INS, the Department of Justice and the attorney general maintained certain enforcement powers. Other federal agencies also played a part in the regulation of immigration laws. This includes the U.S. Department of State and the Department of Labor.

U.S. Code: Statutes Related to Immigration

The following statutes related to immigration in the United States are presently in effect. They are in the United States Code (U.S.C.)

Title 6. Domestic Security: This title puts particular importance on the organization of the DHS. Included are provisions related to border and transportation security. It details the responsibilities and functions of the U.S. Customs and Border Protection and the Bureau of Citizenship and Immigration Services.

Title 8. Aliens and Nationality: This addresses the regulations about nationality, immigration, and the legal status of noncitizens in the United States. It details their rights and responsibilities as non-U.S. citizens in the United States. In this title, you can also learn how to get and lose U.S. citizenship.

Title 22 Foreign Relations and Intercourse: Title 22 covers the provisions that govern U.S. foreign policy and international relations. It includes laws relating to consular and diplomatic services, foreign aid, international agreements, and other foreign affairs of the United States.

Seek Legal Advice From an Immigration Attorney

Know the government agencies involved if you and your family need an immigrant or nonimmigrant visa to come to the United States. From DHS to the U.S. embassy, each plays a key role in your immigration process. To ensure you are making informed decisions, seek the legal advice of an experienced immigration lawyer near you.

Immigration attorneys can give personalized guidance tailored to your case. They can help you understand the steps to get legal status to come to the U.S. and understand the roles of these agencies. You don’t have to navigate this complicated journey alone. You can contact an immigration attorney and get lawful authority to come to the United States.