Immigration 101: Executive Branch Agencies Involved with Immigration

Immigration 101: Executive Branch Agencies Involved with Immigration

June 7, 2023
Immigration 101: Executive Branch Agencies Involved with
Immigration
While Congress has plenary power over immigration law,
USCIS also processes employment authorization
the Immigration and Nationality Act (INA), Homeland
documents for foreign nationals eligible to work in the
Security Act (HSA), and other laws grant substantial
United States, travel authorization documents, and
discretion over immigration policy to the executive branch.
intercountry adoptions, and it conducts naturalization
Executive branch departments and their components have
ceremonies to confer U.S. citizenship. Together with the
distinct yet overlapping responsibilities for immigration
Social Security Administration, the agency operates the E-
policy. These include facilitating the lawful admission of
Verify program for employers to confirm immigrant (i.e.,
foreign nationals and removing those without authorization
permanent) and nonimmigrant (i.e., temporary) workers’
to be in the United States or who have committed an action
U.S. employment eligibility. USCIS asylum officers
that makes them removable (i.e., deportable). Many of these
conduct credible fear screenings for certain migrants
functions fall within the Department of Homeland Security,
subject to expedited removal (INA §235(c)(1)) who express
but several other agencies also have responsibility for
an intent to apply for asylum or who fear persecution in
carrying out immigration policy, including components of
their home countries.
the Departments of Justice, State, Health and Human
Services, and Labor.
Immigration and Customs Enforcement (ICE)
ICE is a law enforcement agency within DHS with
Department of Homeland Security
responsibility primarily for immigration enforcement in the
(DHS)
U.S. interior. Within ICE, Enforcement and Removal
Operations (ERO) identifies, arrests, detains, and removes
DHS was established under the HSA in 2002. The HSA
foreign nationals who are unlawfully present or removable.
abolished the Immigration and Naturalization Service
ERO manages the U.S. civil immigration detention system.
(INS), which was within the Department of Justice (DOJ).
It transferred many of INS’s functions to the new DHS, a
ICE’s Homeland Security Investigations (HSI) conducts
cabinet-level department that incorporated 22 federal
federal criminal investigations of people, goods, money,
agencies.
technology, and contraband, both in the interior and along
Three DHS component agencies are responsible for
the border. HSI also enforces provisions of the INA that
immigration and enforcement functions: U.S. Citizenship
prohibit the employment of foreign nationals who are not
and Immigration Services (USCIS), Immigration and
authorized to work in the United States (i.e., worksite
Customs Enforcement (ICE), and Customs and Border
enforcement).
Protection (CBP).
Customs and Border Protection (CBP)
U.S. Citizenship and Immigration Services (USCIS)
CBP enforces immigration laws at U.S. land, air, and sea
USCIS oversees lawful immigration to the United States,
borders, including by processing arriving migrants. Within
which includes adjudicating applications for naturalization
CBP, the Office of Field Operations (OFO) operates at U.S.
and immigration benefits, such as
ports of entry (POEs), facilitating lawful trade and travel
and enforcing border security. OFO officers inspect travel
• petitions for lawful permanent resident (LPR) status in
documents and determine whether arriving migrants are
employment and family-based categories;
admissible under requirements in the INA.
• applications for humanitarian protections such as
The U.S. Border Patrol (USBP) secures the land border
Temporary Protected Status, Deferred Action for
between ports of entry, with responsibility for the detection,
Childhood Arrivals, affirmative asylum (for individuals
prevention, and apprehension of individuals who have
who are not in removal proceedings), immigration
entered or are attempting to enter the United States without
parole, and eligibility determinations for refugees; and
authorization. USBP operates within geographic-based
• certain applications for nonimmigrants (i.e., individuals
sectors at the northern, southern, and coastal borders.
present in the United States with temporary visas) such
CBP’s Air and Marine Operations (AMO) also operates
as for those extending their stay or changing to a
along the border in air and maritime environments.
different nonimmigrant status.
Processing for Removal
As part of these adjudications, USCIS conducts background
USCIS, ICE, and CBP may charge foreign nationals in the
and security checks in collaboration with DOJ’s Federal
interior or at the border with grounds of deportability (INA
Bureau of Investigation.
§237) and inadmissibility (INA §212) and process them for
removal from the United States. DHS commences formal
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Immigration 101: Executive Branch Agencies Involved with Immigration
removal proceedings (INA §240) when it issues a Notice to
Because of the INA’s numeric limitations on certain
Appear (NTA) charging document and files it in an
immigrant visa categories (INA §§202, 203), even if USCIS
immigration court. ICE’s Office of the Principal Legal
has approved a petition the petitioner may have to wait for a
Advisor (OPLA) represents DHS during removal
visa number to become available. Even though a visa has
proceedings.
been issued allowing a foreign national to travel to the
United States, a CBP inspector must approve the foreign
Figure 1. DHS Immigration Components
national’s admission at a POE.
Bureau of Population, Refugees, and Migration
(PRM)
PRM coordinates and manages the U.S. Refugee
Admissions Program. PRM works with nongovernmental
organizations (NGOs), international organizations, and U.S.
embassy contractors who pre-screen refugees at
Resettlement Support Centers (RSCs) abroad. RSCs submit
cases to USCIS, which conducts in-person interviews and
makes final determinations on eligibility for admission. As
with all arriving migrants, refugee admissions must be
approved by a CBP officer at a POE. RSCs also work with
U.S.-based NGOs and faith-based organizations to resettle
refugees. PRM provides resettlement assistance to refugees
after they arrive in the United States, including initial
reception, housing, food, and clothing.
Department of Health and Human
Services

Source: CRS.
Office of Refugee Resettlement (ORR)
Department of Justice
ORR provides additional resettlement assistance to newly
arrived refugees, asylees, and certain other eligible groups,
Executive Office for Immigration Review (EOIR)
including time-limited cash and medical assistance, case
Within DOJ, EOIR’s Office of the Chief Immigration Judge
management services, English classes, and employment
operates the nation’s immigration courts system.
services.
Immigration Judges (IJs) adjudicate immigration court
proceedings, which are civil administrative proceedings and
ORR is also responsible for the care and custody of
include removal proceedings that DHS commences as
unaccompanied children apprehended by DHS while they
described above. IJs determine whether foreign nationals
await removal proceedings in immigration courts. ORR
are subject to removal and if they are eligible for relief or
houses children in its network of NGO-operated shelters
protection from removal, including defensive asylum,
until it can place them with a sponsor (typically, a family
withholding of removal, and protection under the United
member).
Nations Convention Against Torture. Parties to the
proceedings may appeal an IJ’s decision to EOIR’s Board
Department of Labor
of Immigration Appeals, the highest administrative body for
interpreting and applying immigration laws.
Office of Foreign Labor Certification (OFLC)
Employers seeking to hire foreign nationals through
EOIR’s Office of the Chief Administrative Hearing Officer
permanent immigration categories or temporary
adjudicates INA provisions related specifically to employer
nonimmigrant programs must first obtain labor certification
sanctions, including unlawful hiring of unauthorized
from OFLC. Employers must demonstrate that there are not
workers (INA §274A), unfair immigration-related
sufficient U.S. workers available and willing to fill the
employment practices (INA §274B), and immigration-
position at or above the average (prevailing) wage for the
related document fraud (INA §274C).
occupation. The process is designed to ensure that U.S.
workers’ wages and working conditions are not adversely
Department of State (DOS)
impacted by admitting foreign workers. In this process,
OFLC coordinates with USCIS, which adjudicates
Bureau of Consular Affairs
employer petitions; and DOS, which issues immigrant and
DOS’s Bureau of Consular Affairs is responsible for issuing
nonimmigrant visas.
immigrant and nonimmigrant visas at U.S. embassies and
consulates around the world to foreign nationals residing
Holly Straut-Eppsteiner, Analyst in Immigration Policy
outside the United States. During the visa issuance process,
DOS works in conjunction with USCIS, which in many
IF12424
cases must first approve petitions and applications before
DOS may issue a visa.

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Immigration 101: Executive Branch Agencies Involved with Immigration

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