Immigration Law – A Comparative Approach to Researching Immigration Law of Australia, Canada, and the United States

By Colin Fong and Alex Burdett

Colin Fong is a Teaching Fellow, Faculty of Law, UNSW Australia. Before becoming an academic, he worked in various libraries such as the University of Sydney Law Library and the law firm, Allen Allen & Hemsley. Mr. Fong holds Bachelor of Economics from the University of Sydney, a Master of Legal Studies (Hons) from the University of Technology Sydney, and an Associate of the Australian Library and Information Association. Alex Burdett is a Foreign, Comparative, and International Law Reference Librarian at the New York University Law School Library. Prior to joining NYU, he was the Law Library Director and the Law and Government Information Librarian at the University of Victoria Libraries. Alex Received his JD from the University of Manitoba and his MLIS from McGill University.

Published January/February 2024
(Previously updated by Colin Fong, Angas Grant and Daniel Costa in March 2018)
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1. Introduction

This guide is designed to identify key resources concerning the immigration law of Australia, Canada, and the United States. For each country, this guide will identify key government bodies involved in administering immigration law and organizations involved with immigrants and immigration policy. The guide will also identify select legislation, regulations, case law, secondary sources, fee-based databases and research guides relating to each country’s immigration law and policy. It will report whether each country has acceded to the United Nations Convention Relating to the Status of Refugees and the United Nations Protocol Relating to the Status of Refugees, two key international conventions concerning refugees. The guide will provide online and print resources for each country’s legislation, regulations, and case law relating to immigration, when available. It will also provide links to select resources relating to refugees for each country. Because of the breadth of the subject area, this guide is not comprehensive but selective. It provides an overview of the resources available and aims to serve as a starting point for those interested in conducting in-depth research in this area.

2. Australian Immigration Law

2.1. Government Bodies

The Department of Home Affairs (DHA) administers Australia’s immigration laws. To that end, DHA determines whether applicants meet the criteria for visas, enforces the immigration laws, and so on. The DHA website offers, among other things:

  • Reports
  • Reviews and inquiries
  • Submissions and discussion papers

The Minister of Home Affairs announced via a National Press Club address ‘Australia’s Migration System’, on 27 April 2023, proposed changes to Australia’s migration policy based on ​​​A Review of the Migration System. During the address, the Minister said, “Today I released for consultation a draft outline of a new migration strategy for Australia, built in our national interest. This document outlines a series of directions for significant reform of this system, which we will work on, consult on, and refine, before we release a final strategy later this year.”

Minister for Immigration, Citizenship and Multicultural Affairs, who is also an elected member of Parliament, provides direction regarding DIBP’s administration of the immigration laws. The Minister’s website offers, among other things, the press releases and biography.

Administrative Appeals Tribunal, Australian Human Rights Commission, and Commonwealth Ombudsman: A number of Australian administrative bodies, including the Administrative Appeals Tribunal, make decisions concerning various immigration matters. The Australian Government has announced that the AAT will be abolished and replaced with a new federal administrative review body and develop legislation for introduction to parliament in 2023. The Australian Human Rights Commission and Commonwealth Ombudsman may also issue decisions and reports relating to Australian immigration. To learn more about these administrative bodes, consult the portion of this guide concerning Australian immigration case law.

The Joint Standing Committee on Migration, a joint committee of the Australian Parliament, focuses on proposed changes to Australian immigration legislation and regulations. The Committee website offers information about the Committee, as well as the Committee’s inquiries and reports.

2.2. Government Publications

The following are some of the publications issued by the government bodies discussed in the previous section:

Procedures Advice Manual and Migration Series Instructions: Department of Immigration and Border Protection spells out its procedures and policies in the Procedures Advice Manual (PAM). The current edition of PAM is PAM3. DIAC also issues Migration Series Instructions (MSIs), which comment on specific issues relevant to immigration legislation and regulations. MSIs are eventually incorporated into the PAM.

Ministerial Directions: The Migration Act 1958 authorizes the Minister for Immigration to issue directions to a person or body who has powers or functions under the Migration Act 1958. These directions are usually called Ministerial Directions. Currently, there are a number in effect on a variety of subject matters, ranging from circumstances when Department of Immigration and Border Protection should refuse or cancel a visa to the order in which Department of Immigration and Border Protection should process various types of visa applications.

Select Print Resources

  • Department of Immigration and Border Protection. Procedures Advice Manual 3. Canberra: The Dept., 1994-. Available via LEGEND.com.
  • Goddard, J; Germov, R & Papadopoulos, P. Australian Immigration Law Including PAMs and MSIs. Sydney: Butterworths, 2004- (publishes PAM, MSIs, and Ministerial Directions).

2.3. Constitutional Provisions

The Australian Constitution in §51 authorizes the Australian Parliament to legislate for the “peace, order and good government of the Commonwealth with respect to”… “[n]aturalisation and aliens” and “immigration and emigration.”

Select Free Online Resources

2.4. Legislation, Regulations & Gazette Notices

Migration Act 1958: The Migration Act 1958 is currently Australia’s primary legislation concerning immigration. It sets out the law regulating entry and migration to Australia. To that end, it sets out the framework for various types of visas, establishes sanctions for violations of the law, outlines the regulation of migration agents and the judicial review of certain immigration decisions, and so on. The Act was first passed in 1958 but has been amended many times since then.

Migration Regulations 1994: The Migration Regulations 1994 are issued pursuant to authority in the Migration Act 1958. These regulations provide details on the immigration law outlined in the Migration Act 1958. For example, the regulations spell out what types of visas are available, how the points system for skilled visa applicants is applied, when visas may be cancelled, and so on.

Migration Agents Regulations 1998: The Migration Agents Regulations 1998 are also issued pursuant to authority in the Migration Act 1958. They set out information relating to the regulation of migration agents. For example, these regulations spell out the insurance requirements for migration agents, their continuing professional development obligations, and so on.

Australian Citizenship Act 2007: The Australian Citizenship Act 2007 is now the principal legislation governing citizenship. It basically concerns who is a citizen, circumstances causing the loss of citizenship, and so on.

Australian Citizenship Regulations 2007: The Australian Citizenship Regulations 2007 largely inform on procedures relating to obtaining citizenship.

Commonwealth of Australia Gazette Notices: The Migration Act 1958 and Migration Regulations 1994 and other immigration legislation require that certain matters be published in the Commonwealth Government Gazette. For example, the Migration Act 1958 requires that notices be published in the Commonwealth Government Gazette when the annual caps are set for the various classes of visas.

Select Free Online Resources

Select Print Resource

  • Goddard, J; Germov, R & Papadopoulos, P. Australian Immigration Law Including PAMs and MSIs. Sydney: Butterworths, 2004- (publishes Migration Act 1958, Migration Regulations 1994, Migration Agent Regulations 1998, and Australian Citizenship Act 2007).

For more information on locating Australian legislation, consult Nicholas Pengelley & Sue Milne’s Researching Australian Law or Petal Kinder’s A Guide to Online Research Resources for the Australian Federal Legal System with Some Reference to the State Level.

2.5. Case Law

Court Decisions

Federal Circuit and Family Court of Australia: The Federal Circuit and Family Court of Australia is the lowest court in the federal court hierarchy. This court was established in 1999 by the Federal Circuit Court of Australia Act 1999 (Cth) and merged with the Family Court of Australia in September 2021. The Court has concurrent jurisdiction with the Federal Court of Australia (FCA) in several areas of general federal law including bankruptcy, human rights, workplace relations, and migration matters.

Federal Court of Australia: The Federal Court of Australia was established in 1976 by the Federal Court of Australia Act 1976 (Cth) and is a superior court of law and equity. The Court has concurrent jurisdiction with the Federal Circuit and Family Court of Australia (FCFCA) in several areas of general federal law including bankruptcy, human rights, workplace relations, and migration matters. According to the Federal Court of Australia Annual Report 2021-22:

TABLE A5.3: SUMMARY OF WORKLOAD STATISTICS – APPEALS AND RELATED ACTIONS ONLY – FILINGS OF APPEALS AND RELATED ACTIONS CAUSE OF ACTION
Migration appeals and related actions
2017-18 2018-19 2019-20 2020-21 2021-22
Filed 1,021 1,139 749 547 367
Finalised 839 1,092 847 363 435
Current 644 691 593 77 709

 

High Court of Australia: The High Court of Australia was provided for under the Commonwealth of Australia Constitution Act 1900 (UK); however, it was established by the Judiciary Act 1903 (Cth). Original jurisdiction in federal matters is provided under section 75 of the Constitution and appellate jurisdiction is provided under s 73 of the Constitution.

According to the High Court of Australia Annual Report 2021-22, “The functions of the High Court are to:

  • interpret and apply the law of Australia
  • decide cases of special federal significance, including challenges to the constitutional validity of laws; and
  • hear appeals, by special leave, from federal, state and territory courts.”

In the 2014-15 annual report, it mentions: “The proportion of civil special leave applications involving immigration matters at 32 per cent was consistent with the 28 per cent in 2013-14. Table D illustrates the number of immigration matters as a proportion of civil special leave applications filed in the past 10 years. Eighty-two per cent of the immigration applications filed in 2014-15 were filed by self-represented litigants.” The above information was not repeated in the latest annual report.

Administrative Decisions

Administrative Appeals Tribunal: The Administrative Appeals Tribunal (AAT) is an administrative body that reviews a variety of decisions made by Australian agencies. The former Migration Review Tribunal and Refugee Review Tribunal were amalgamated into the Administrative Appeals Tribunal as of 1 July 2016. The Migration Act 1958 authorizes the AAT to review certain DIAC decisions, such as a decision to deny or cancel a visa on character grounds, certain decisions involving criminal deportations, and so on. The AAT also conducts “merits reviews,” like the MRT and RRT. AAT hearings are generally more formal than hearings at MRT and RRT.

Minister for Immigration and Border Protection: The Migration Act 1958 authorizes the Minister to replace a decision of the AAT with one more favorable to the applicant if the Minister thinks it is in the public interest to do so. A Migration Series Instruction gives some insight into when this discretion may be exercised.

The Commonwealth Ombudsman: The Commonwealth Ombudsman responds to complaints of unfair treatment against the Australian Government, including the DIAC. The Ombudsman does not have the authority to overturn DIAC decisions, but it can negotiate disputes and recommend that the DIAC change its decisions and practices. Generally, the Ombudsman will review cases only after other avenues of review have been exhausted. When reviewing immigration and detention matters, the Commonwealth Ombudsman may use the title Immigration Ombudsman.

The Australian Human Rights Commission: The Australian Human Rights Commission administers complaints of discrimination under these laws: Racial Discrimination Act 1975, Sex Discrimination Act 1984, Disability Discrimination Act 1992, and Age Discrimination Act 2004. In addition, the Australian Human Rights Commission investigates allegations of human rights violations under the Australian Human Rights Commission Act 1986. Like the Commonwealth Ombudsman, the Australian Human Rights Commission cannot overturn Department of Immigration and Border Protection decisions, but it can recommend that the DIBP change its decisions and practices. The Commission website offers news, reports, and information on issues relating to immigration and refugees. AHRC has reported on issues beyond individual cases e.g., The forgotten children: National inquiry into children in immigration detention, 2014.

Select Free Online Resources

Select Print Resources

  • Administrative Appeals Tribunal. Administrative Law Decisions. Sydney: Butterworths, 1976- (publishes AAT decisions).
  • The Administrative Appeals Reports, Sydney, ThomsonReuters, 1989- publishes significant Administrative Appeals Tribunal decisions, as well as decisions on appeal from the Administrative Appeals Tribunal to the Federal Court.
  • Goddard, J; Germov, R & Papadopoulos, P Australian Immigration Law Including PAMs and MSIs. Sydney: Butterworths, 2004- (publishes select tribunal decisions).

Judicial Decisions: Some AAT decisions may be reviewed by a Federal Circuit and Family Court of Australia, Federal Court of Australia, and/or the High Court. Often, this review is limited, focusing on the original tribunal’s authority to render the decision. Federal Court, High Court, and other courts may also have original jurisdiction to decide certain cases.

Select Free Online Resources

Select Print Resource

  • Australian Law Reports. Chatswood: Butterworths, 1973- (publishes decisions of High Court and select decisions of the Federal and Supreme Courts).
  • Federal Court Reports. Pyrmont, ThomsonReuters,1989- (publishes the authorised decisions of the Federal Court of Australia).
  • The Commonwealth Law Reports, ThomsonReuters, 1903- publishes the authorized reports of the High Court of Australia.

For more information on locating Australian case law, consult Nicholas Pengelley’s Researching Australian Law or Petal Kinder’s A Guide to Online Research Resources for the Australian Federal Legal System with Some Reference to the State Level.

2.6. Secondary Sources

Loose-leafs, Treatises & Monographs

  • Berg, LA, Migrant rights at work: Law’s Precariousness at the Intersection of Migration and Labour, London, Routledge, 2016.
  • Bhabha J and Crock M, Seeking Asylum Alone – a Comparative Study: Unaccompanied and Separated Children and Refugee Protection in Australia, Leichhardt, NSW, Themis Press, 2007.
  • Billings, P (ed) Crimmigration in Australia: Law, Politics, and Society, Singapore, Springer, 2019
  • Boon-Kuo, L Policing Undocumented Migrants: Law, Violence and Responsibility, London, Routledge, 2018.
  • Crock, M & Berg, LA Immigration, Refugees and Forced Migration – Law, Policy and Practice in Australia. Leichhardt, Federation Press, 2011.
  • Dauvergne, C. Humanitarianism, Identity, and Nation: Migration Laws of Australia and Canada. Vancover, UBC Press, 2005. (According to its introduction, “this book develops a framework for understanding the relationships between migration law and national identity.” Also includes extensive bibliography on Canadian and Australian immigration law.)
  • Dickie, M; Gozdecka, D & Reich, S (ed) Unintended Consequences: The Impact of Migration Law and Policy, Canberra, ANU Press, 2016.
  • Di Lieto, G; Migrant Labour Law: Unfolding Justice at Work in Free Markets, Leichhardt, Federation Press, 2016.
  • Fernandez, R; Gerkens, M; Yau, D; Kenny, J & Ozyurek, S; Australian Immigration Companion, 9th ed, Sydney, LexisNexis Butterworths, 2021.
  • Fernandez, R & Ozyurek, S Australian Migration Legislation Collection, Sydney, LexisNexis Butterworths, 2023 (semi-annual).
  • Freckelton, An Administrative Decision-making in Australian Migration Law, Canberra, ANU Press, 2015.
  • Germov, R. & Motta, F. Refugee Law in Australia, South Melbourne, Oxford, 2003. (Presents useful summary of Australian refugee law.)
  • Goddard, J; Germov, R & Papadopoulos, P. Australian Immigration Law including PAMs and MSIs. Sydney: Butterworths, 2004-.* (Offers thorough commentary on immigration law. It also compiles primary legal materials, including the Migration Act 1958, Migration Regulations 1994, Ministerial Directions, PAM, MSIs, and select tribunal decisions. Available as multi-volume loose-leaf service or as a subscription database.)
  • Grewcock, M Border Crimes: Australia’s War on Illicit Migrants, Leichhardt, NSW, Federation Press 2009.
  • Hannay, M Emigrating to Australia? What You Need to Know About Moving to Australia, From Getting There to Living There, independently published, 2019.
  • Howe, J & Owens, R (ed) Temporary Labour Migration in the Global Era: The Regulatory Challenges, Oxford, Hart Publishing, 2016.
  • Lester, E Making Migration Law: the Foreigner, Sovereignty, and the Case of Australia, New York, Cambridge University Press, 2018.
  • Levey, GB & Shachar, A (ed) The Politics of Citizenship in Immigrant Democracies: The Experience of the United States, Canada and Australia, London, Routledge, 2015
  • Mares, P Not Quite Australian: How Temporary Migration Is Changing the Nation, Melbourne, Text Publishing, 2016.
  • Mojtahedi, A (ed) Immigration Kit, 10th ed, Sydney, Federation Press, 2022 (Provides straightforward and practical explanation of Australian immigration law.)
  • Opeskin, B; Perruchoud, R & Redpath-Cross, J (ed) Foundations of International Migration Law, New York, Cambridge University Press, 2012.
  • Petrie, B and Bosnjak, N Migration Law – Annotated Migration Act and Related Legislation, 2nd ed, Pyrmont, NSW, Thomson Reuters, 2021. (Provides pertinent guidance in their annotations about the practice and procedural aspects in this area of law. Also available as an e-book.)
  • Rubenstein, K Australian Citizenship Law, 2d ed., Pyrmont, NSW, Thomson Reuters, 2016
  • Vrachnas, J. et al. Migration and Refugee Law: Principles and Practice in Australia. Cambridge: Cambridge University Press, 2008.* (Offers overview and analysis of Australian immigration law, with a significant focus on refugee issues.)

Periodicals & Current Awareness Services

  • Australian Immigration Law Update Newsletter. Parish Patience Immigration Lawyers, 1998-. (Free online newsletter that informs on developments in Australian immigration law.)
  • Immigration Law Review
  • Immigration News. Parramatta: Immigration Advice and Rights Center, 1986-. (Reports on news in Australian immigration law. The articles are largely written for immigration practitioners. Users may subscribe free to the newsletter from the IARC website.)
  • Immigration Review. LexisNexis Australia, 2002-. (Covers various legislative and judicial developments in Australian immigration law.)
  • Migration Action. Collingwood: Ecumenical Migration Centre, 1974-. (Concerns Australian “refugee, immigration and multicultural issues.”[1] Immigration law matters are addressed in articles within administrative law journals: e.g., the Australian Journal of Administrative Law. Journal indexes such as AGIS, APAI from Informit, index migration law articles from many sources. Overseas indexes such as LegalTrac, and full text databases such as LexisNexis, WestLaw and HeinOnline contain the full text of journal articles covering migration law.)

Legal Encyclopedias with Chapters on Immigration Law

  • Cronin, K. and Prince, D. “Citizenship and Migration,” in Halsbury’s Laws of Australia. Sydney: Butterworths, 1991-.
  • Migration issues are covered in many different topics within The Laws of Australia. Pyrmont, NSW, ThomsonReuters, 1991-.

2.7. Fee-Based Databases Focusing on Immigration

  • Multicultural Australia and Immigration Studies: RMIT Publishing through its Informit platform offers a database, Multicultural Australia and Immigration Studies. This database indexes and abstracts “published and unpublished material on all aspects of Australian immigration and multicultural issues from 1988 onwards.”[2]
  • LEGENDcom: The DIBP website offers LEGENDcom, a fee-based database that provides access to the Migration Act 1958, Migration Regulations 1994, PAM, MSIs, and more.
  • LexisNexis Australia: LexisNexis Australia offers online access to two print publications, Australian Immigration Law Including PAMs and MSIs and Immigration Review. The service also offers databases containing pertinent case law and legislation. Fragomen Practical Guidance: Immigration, with topics including:
    • Migration practice
    • Processes
    • General principles
    • Issues common to all visas
    • Issues common to some visas
    • Working in Australia
    • Studying in Australia
    • Doing business in Australia
    • Bringing family to Australia
    • Visiting Australia
    • Citizenship, Former Resident and Resident Return visas
    • Humanitarian program
    • Visas (index)
    • Portfolio policies and procedures
    • Legislative instruments
    • Legislation (current and historical)
  • FormsThomsonReuters: Lawyers Practice Manual, Pyrmont, NSW, Thomson Reuters. Pt 14 deals with Immigration.

2.8. Organizations

Immigration Advice & Rights Centre (IARC) is a non-profit organization focused on Australian immigration law reform and policy. In addition, the IARC provides immigration advice to low-income individuals and is involved in education on migration issues. The IARC website offers policy materials and information sheets on numerous immigration topics.

The Migration Institute of Australia is a professional organization for migration agents. The organization offers continuing education opportunities for agents, as well as legislative advocacy for the profession.

The Migration Agents Registration Authority (MARA) regulates the migration agent’s industry. The Migration Act 1958 spells out MARA’s powers and responsibilities. The MARA is responsible for maintaining a registry of agents, administering the registration of agents, investigating allegations against migration agents, and disciplining agents who are found to have violated certain rules. The MARA website offers, among other things:

Refugee Council of Australia is a non-profit organization that advocates for various refugee communities in Australia and advises and provides support to refugees.

2.9. Refugees and Asylum Seekers

The United Nations Convention Relating to the Status of Refugees (Convention) and the United Nations Protocol Relating to the Status of Refugee (Protocol) are often referred to as the “principal international instruments that provide protection to persons fleeing persecution.”[3] Australia acceded to the Convention on January 22, 1954 and acceded to the Protocol on December 13, 1973. The Migration Act 1958 spells out the “process or manner” in which Australia implements its obligations under the Convention and Protocol.[4]

Select Free Online Resources

In addition, several of the print resources referenced in the Secondary Sources portion of this guide discuss Australian refugee law and procedures. For more information on international refugee law resources, see Elisa Mason’s Guide to International Refugee Law Resources on the Web and Colin Fong & Alex Burdett Researching the Legal Aspects of Asylum Seekers and Refugees in Australia, Canada, and the United Kingdom.

2.10. Research Guides

The following research guides concern Australian immigration law:

3. Canadian Immigration Law

3.1. Government Bodies

Immigration, Refugees and Citizenship Canada (IRCC), formerly Citizenship and Immigration Canada, is the primary Canadian agency responsible for administering Canadian immigration laws. In this capacity, IRCC issues visas, makes certain eligibility determinations on refugee claims, runs programs designed to help new immigrants, and so on. The IRCC website offers, among other things:

The Canada Border Services Agency (CBSA) has a broad mandate that includes the protection of Canada’s borders. Among other things, the Canada Border Services Agency plays a role in enforcing Canadian immigration laws by screening immigrants and refugees and investigating possible breaches of Canadian immigration law. Immigration legislation (described below) sets out the division of responsibilities between IRCC and CBSA.

The Immigration and Refugee Board of Canada (IRB) renders decisions on a variety of immigration matters, including deciding refugee claims made in Canada, hearing appeals of certain IRCC decisions, and conducting admissibility hearings. The Board consists of four divisions: the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division, and the Immigration Appeal Division. For further information on the jurisdiction of the IRB, consult the case law portion of this guide, below.

3.2. Government Publications

The following are some of the publications issued by the government bodies discussed in the previous section:

Operational Manuals: Operational Manuals provide guidance for IRCC employees. They are intended to provide relatively comprehensive information to decision-makers on all areas of IRCC jurisdiction and some matters touching on CBSA responsibilities, particularly those related to immigration enforcement. Topic areas of the manuals include but are not limited to: Citizenship Policy, Enforcement, Temporary Foreign Workers Guidelines, Immigration Legislation, Refugee Protection, and Overseas Processing.

Operational Bulletins: IRCC also occasionally issues Operational Bulletins for “one-time-only instructions or to provide urgent instructions to staff for a brief period while the relevant program and policy chapters of the Manuals are being updated.”[5]

Select Free Online Resources

3.3. Constitutional Provisions

Section 95 of the Constitution Act, 1867 (UK), 30 & 31 Vict, c 3 confers concurrent powers in immigration matters to both the federal and provincial governments. Specifically, the Constitution says that each province may make laws relating to immigration into the province and that the Parliament may make laws relating to immigration into “all or any of the Provinces.” In addition, the Constitution specifies that law of a province “shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada.”

The result of the above is that, while several provinces maintain their own immigration schemes, primarily aimed at attracting skilled labour and addressing labour shortages, ultimate responsibility for Canada’s immigration scheme resides with the federal government.

In addition to the above division of powers contemplated by the Constitution Act, 1867, the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), c 11 brought into existence the Canadian Charter of Rights and Freedoms. The application of the Charter’s protections to immigration legislation and to non-citizens has been the subject of a now significant body of jurisprudence.

Online Versions of Canadian Constitution

3.4. Legislation, Regulations & Federal-Provincial/Territorial Agreements

Immigration and Refugee Protection Act, SC 2001, c 27 (IRPA) is the framework legislation that sets out principles of Canadian immigration and refugee law. The IRPA came into force in 2001, though it has been amended on several occasions since that time. The IRPA brought with it several notable changes to Canadian immigration law, such as modifying the Immigration and Refugee Board of Canada’s jurisdiction, incorporating commitments under the Convention Against Torture, and increasing the emphasis on criminality, security, and inadmissibility.

Immigration and Refugee Protection Regulations, SOR/2002-227 (IRPR), enacted pursuant to the IRPA, provide details on that law. For example, the IRPR specify how long a permanent resident card is valid for and what must be done to appeal a removal order.

Citizenship Act, RSC 1985, c C-29 sets out the law of Canadian citizenship. Specifically, the Citizenship Act establishes the requirements that must be met to qualify for Canadian citizenship, the situations where Canadian citizenship can be lost, the procedures that the IRCC must follow when processing citizenship applications, and so on.

Federal-Provincial/Territorial Agreements: The IRPA authorizes the Minister for Citizenship and Immigration to enter into agreements with provinces and territories concerning immigration. The Government of Canada has signed comprehensive agreements concerning immigration matters with Alberta, British Columbia, Manitoba, Nova Scotia, Ontario, Prince Edward Island, Québec, Saskatchewan, and Yukon.[6] One of these agreements, the Canada-Québec Accord, Relating to Immigration and Temporary Admission of Aliens, gives Québec broad autonomy over the selection of immigrants to Québec and the integration services for new immigrants. Some of the other immigration agreements between Canada and the provinces and territories are called Provincial Nominee agreements. These agreements, among other things, permit the province or territory to nominate particular immigrants for permanent residence status to fulfill the provinces or territory’s specific labour needs. Copies of these intergovernmental agreements are available on the IRCC website.

Select Free Online Resources

Select Print Resources (Annotated Legislation)

  • Goslett, H. and Caruso, B. Annotated Immigration and Refugee Protection Act of Canada. Toronto: Carswell, 2004- (annual publication).
  • Goslett, H. and Caruso, B. Annotated Citizenship Act. Toronto: Carswell, 1992- (annual publication).
  • Waldman, L. Canadian Immigration & Refugee Law Practice. Markham: LexisNexis, 2004- (annual publication) (includes annotated versions of the IRPA and IRPR).

3.5. Case Law

Administrative Decisions

The Immigration and Refugee Board of Canada (IRB) is the largest administrative tribunal in Canada. As noted above, it is responsible for making a range of decisions relating to immigration and refugee matters. The IRB currently consists of four divisions: the Immigration Division, Immigration Appeal Division, Refugee Protection Division, and the Refugee Appeal Division. The Immigration Division conducts certain admissibility hearings and detention reviews. The Immigration Appeal Division conducts appeals on immigration matters, including appeals of rejected sponsorship applications, appeals of certain removal orders, and appeals of certain decisions relating to residency obligations. The Refugee Protection Division adjudicates refugee claims brought by persons in Canada after an officer has made a preliminary determination that the claim is eligible to be heard by the IRB. Finally, the Refugee Appeal Division hears appeals of RPD decisions. Each Division has rules that govern its operations.

Select Free Online Resources

Select Print Resources

  • Rotenberg, C. & Bellissimo, M. (eds.). Immigration Law Reporter. Toronto: Carswell, 1985- (publishes select IRB decisions, in addition to decisions of other courts).
  • Waldman, L. Immigration Law and Practice. Markham: LexisNexis Canada, 2005- (publishes Divisional Rules).
  • Swaisland, J. and Waldman, L. Canada’s Refugee Determination Procedure: A Guide for the Post Bill C-31 Era. Markham: LexisNexis Canada, 2013.

Judicial Decisions: While there are various appellate mechanisms built into immigration legislation (most notably the appeals provided by the Immigration Appeal Division and the Refugee Appeal Division), recourse for other immigration decisions occurs by way of an application for leave and judicial review to the Federal Court of Canada. Sections 72-74 of the IRPA sets out the requirements and limitations of judicial review under immigration law. The most significant limitation on judicial review is that it may not be brought as of right but is subject to the leave of the court: see IRPA s. 72(1). Appeals of Federal Court judicial review decisions (though not decisions on leave) may be brought to the Federal Court of Appeal, but only where the Federal Court justice who has presided over the matter certifies that a serious question of general importance is involved and states the question: IRPA s. 74(d). The Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness may at any stage of a proceeding seek judicial review of any decision made during a proceeding that would require the disclosure of information or evidence the minister believes “would be injurious to national security or endanger the safety of any person:” IRPA s. 86.1.

Select Free Online Resource

CanLII website: Federal case law

Select Print Resources

  • Rotenberg, C. & Bellissimo, M. (eds.). Immigration Law Reporter. Toronto: Carswell, 1985- (Publishes select federal immigration decisions, along with case comments and articles on immigration law among other decisions.)
  • Zambelli, P. Annotated Refugee Convention: Fifty Years of North American Jurisprudence. Toronto: Carswell, 2004 (Offers summaries of Canadian and U.S. cases involving refugee issues).[7]

3.6. Secondary Sources

Loose-leafs, Treatises & Monographs

  • Aiken, S. et al. Immigration and Refugee Law Cases, Materials and Commentary, 2nd ed. Toronto: Emond, 2015. (Offers students an overview of Canadian immigration and refugee law.)
  • Bellissimo, M. Immigration Criminality and Inadmissibility. 2nd ed. Toronto: Carswell, 2014-. (Looseleaf publication covering the impact of criminal behavior on immigration under Canadian law. Updated quarterly.)
  • Dauvergne, C. Humanitarianism, Identity, and Nation: Migration Laws of Australia and Canada. Vancover: UBC Press, 2005. (According to its introduction, “this book develops a framework for understanding the relationships between migration law and national identity.” Also includes extensive bibliography on Canadian and Australian immigration law.)
  • Caruso, B. and Goslett, H. Annotated Immigration and Refugee Protection Act of Canada. Toronto: Carswell, 2003- (Annual publication.)
  • Carasco, E. Non-Citizens in Canada: Status and Rights, 2nd ed. Markham: LexisNexis, 2019 (Practice oriented handbook broadly covers the legal status and rights of permanent residents, visitors, and temporary foreign workers in Canada.)
  • Chai Yun Liew, Jamie and Galloway, D. Immigration Law. 2nd ed. Toronto: Irwin Law, 2015. (Part of Irwin Law’s Essentials of Canadian Law series. Explains Canadian immigration law in plain-English. Accessible to law students and lawyers new to immigration law, yet still helpful for a practitioner.)
  • Desloges, C. and Sawicki, C. Canadian Immigration and Refugee Law: A Practitioner’s Handbook, 3rd ed. Toronto: Emond, 2021. (Offers clear practitioner-oriented overview of immigration and refugee law in Canada.)
  • Goslett, H. et al. Annotated Citizenship Act. Toronto: Carswell, 1992-. (Annual publication examining the Citizenship Act in detail and describing cases decided under sections of the Act.)
  • Hathaway, J. The Law of Refugee Status. Cambridge: Cambridge UP, 2014 (An international text, but contains a multitude of references to Canadian refugee law jurisprudence.)
  • Jones, M. & Baglay, S. Refugee Law. 2nd ed. Toronto: Irwin Law, 2017. (Part of Irwin Law’s Essentials of Canadian Law series. Describes Canadian refugee law and procedures. Accessible to students and lawyers new to refugee law, yet still helpful for a practitioner.)
  • Matas, D. and Morina, G. Canadian Refugee Protection Law Guide, Toronto: Emond, 2022. (Practitioner oriented handbook walking practitioners through the procedures relating to refugee claims and hearings.)
  • Sharma, R. and Daghighian, Inadmissibility and Remedies, Toronto: Emond, 2021. (Practitioner handbook covering the grounds of inadmissibility as well as the process and procedure for challenging a finding of inadmissibility. Includes checklists and sample documents.)
  • Waldman, L. Canadian Immigration & Refugee Law Practice. Markham: LexisNexis Butterworths, 2005-. (An annual publication provides a detailed analysis of the IRPA, including relevant commentary and case summaries. Also includes the text of IRPR, Divisional rules and more. Written for the practitioner or a reader with general knowledge of the law.)
  • Waldman, L. The Definition of Convention Refugee, 2nd ed. Markham: LexisNexis, 2019. (Detailed analysis of the Canadian law of refugees.)
  • Waldman, L. Immigration Law and Practice. Markham: LexisNexis Canada, 2005-. (This looseleaf publication offers compressive and well-organized explanation of Canadian immigration law.)
  • Waldman, L. Inadmissible to Canada: The Legal Barriers to Canadian Immigration, 2nd ed. Markham: LexisNexis, 2018. (A guide to the various categories of inadmissibility associated with Canada’s immigration system.)

Periodicals & Current Awareness Services

  • Canada’s Immigration and Citizenship Bulletin. Aurora: Canada Law Book, 1989-. (Covers current immigration issues facing practitioners.)
  • CARL Review of Refugee Law and Practice. Canadian Association of Refugee Lawyers, 2023-. (New practitioner focused journal with a focus on academic articles, case comments, practice notes, book reviews, and empirical studies.)
  • Immigration Law Reporter. Toronto: Carswell, 1985-. (Features articles geared to practitioners on immigration topics and case commentaries. Provides full text of select immigration decisions of IRB and courts.)
  • ImmQuest. Toronto: Carswell, 2005-. (Reports on notable cases, industry news, and other developments in the immigration law area.)
  • LexisNexis Immigration Law NetLetter. LexisNexis, 2003-. (Current awareness newsletter highlighting recent case law and administrative decisions on immigration law.)
  • Refuge: Canada’s Journal on Refugees, 1981-. (Academic journal on refugees, published by York University.)

Legal Encyclopedias with Chapters on Immigration Law

  • Waldman, L. “Immigration and Citizenship,” in Halsbury’s Laws of Canada. Markham: LexisNexis Canada, 2023 reissue.
  • Wong, P. et al. “Immigration and Refugees,” in Canadian Encyclopedic Digest (Ontario). Toronto: Carswell, 1973-.
  • Wong, P. et al. “Immigration and Refugees,” in Canadian Encyclopedic Digest (Western). Calgary: Carswell, 1978-.

Select Publications on Immigration by Parliamentary Research Branch, Library of Parliament

3.7. Fee-Based Databases Focusing on Immigration

Lexis Advance Quicklaw: Quick law currently offers databases on Canadian immigration law. For example, there are databases containing Federal immigration case law, Quebec court cases involving immigration, IRB decisions, TAQ decisions involving immigration, and articles on immigration law and policy.

Westlaw: Westlaw also offers databases on Canadian immigration law. Westlaw has databases containing Federal immigration case law and materials from the Immigration Law Reporter.

3.8. Organizations

Founded in 2011, the Canadian Association of Refugee Lawyers serves as an informed national voice on refugee law and the human rights of refugees and forced migrants and promotes just and consistent practices in the treatment of refugees in Canada. CARL carries out its work promoting the human rights of refugees in the courts, before parliamentary committees, in the media, among its membership via bi-annual conferences, and elsewhere in the public sphere.

The Canadian Council for Refugees is a national non-profit umbrella organization committed to the rights and protection of refugees and other vulnerable migrants in Canada and around the world and to the settlement of refugees and immigrants in Canada. The membership is made up of organizations involved in the settlement, sponsorship and protection of refugees and immigrants. The Council serves the networking, information-exchange and advocacy needs of its membership.

Community Legal Education Ontario is a “community legal clinic that is part of the access to justice movement in Canada. The Community Legal Education Ontario website offers a number of publications relating to immigration, including Criminal Charges in Canada and your Immigration Status, Being Arrested and Detained for Immigration Reasons, Making a Refugee Claim, Sponsoring a Member of the Family Class, and Your Status as a Permanent Resident. These resources are updated on a regular basis.

3.9. Refugees and Asylum Seekers

Canada acceded to the Convention and the Protocol on June 4, 1969. For information on the Convention and Protocol, see the Section I.9 of this guide. The IRPA is the primary means that Canada uses to implement its obligations to refugees. The Library of Parliament publication, Refugee Protection in Canada, provides an overview of Canadian refugee law and practice.

Select Free Online Resources

In addition, several of the print resources referenced in Secondary Sources portion of this guide discuss Canadian refugee law and procedures. For more information on international refugee law resources, see Elisa Mason’s Guide to International Refugee Law Resources on the Web and Colin Fong’s Researching the Legal Aspects of Asylum Seekers and Refugees in Australia, Canada, and the United Kingdom.

3.10. Research Guides

The following research guides concern Canadian immigration law:

4. United States Immigration Law

4.1. Government Bodies

United States Citizenship and Immigration Services (USCIS), a sub-agency in the U.S. Department of Homeland Security (DHS), administers U.S. immigration benefits. USCIS is responsible for reviewing various types of immigrant and nonimmigrant visa petitions, adjudicating asylum claims, processing applications for citizenship as well as employment authorization, etc. The USCIS website offers, among other things:

Homepage for various USCIS application and petition forms

U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security

In addition to USCIS, two other sub-agencies within DHS are involved in administering and enforcing other aspects of the U.S. immigration system and laws: U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE). CBP is responsible for policing U.S. borders and returning some recent unauthorized border crossers and has a role in reviewing some visa applicants’ information and documentation, and CBP agents ultimately decide whom to admit into the United States at ports of entry after reviewing information and documentation provided by those seeking to enter the United States. CBP also reviews petitions and issues nonimmigrant statuses to some nonimmigrant visa applicants, including for Canadian nationals in the TN and L-1 visa classifications. ICE performs immigration-related investigations, enforcement, and removal operations that are primarily conducted from within the interior of the United States, as well as workplace audits and raids to detect unauthorized workers.

The U.S. Department of State (DOS) is the primary U.S. agency responsible for conducting foreign affairs. In this capacity, DOS has numerous functions, including processing visas and U.S. passports, as well as administering the J-1 visa Exchange Visitor Program. The DOS website offers a number of resources, including information about the different visas issued by DOS, as well as data on immigrant and nonimmigrant visas issued and processing times:

Visa Bulletin (priority dates for immigrant visas)

U.S. Department of Labor, Office of Foreign Labor Certification, Employment and Training Administration
The U.S. Department of Labor (DOL)’s primary roles in the administration of U.S. immigration laws—through the Office of Foreign Labor Certification (OFLC), an office in DOL’s Employment and Training Administration (ETA)—are to review and certify applications for permanent labor certification for employment-based immigrant visas, and labor certifications and labor condition applications (LCA) for nonimmigrant work visas. For many types of employment-based immigration, U.S. employers must request first that the DOL approve a labor certification request before USCIS may issue an immigrant visa or adjustment of status to lawful permanent residence. This process is designed to assure that a U.S. employer’s hiring of a foreign worker for a particular position will not adversely affect U.S. workers. The goal of the labor certification process in the nonimmigrant context for H-2A and H-2B visas is similar, i.e. to protect U.S. workers from negative impacts on their wages and working conditions. The DOL website offers, among other things:

U.S. Department of Labor, Wage and Hour Division

The DOL’s Wage and Hour Division (WHD) is the U.S. government’s primary labor standards enforcement agency. It is tasked with enforcing the Fair Labor Standards Act and a number of other federal statutes related to wages and labor standards, and as its mission statement notes, WHD is also tasked with enforcing “a number of employment standards and worker protections as provided in several immigration related statutes” including the protections for migrant and U.S. workers in the H-2A, H-2B, and H-1B temporary foreign worker programs. WHD’s website offers a number of useful fact sheets that describe the rules and procedures in U.S. work visa programs and provide detailed information about labor standards under U.S. law:

    WHD fact sheet page

    Department of Justice, Executive Office for Immigration Review

    The Executive Office for Immigration Review (EOIR), an office in the U.S. Department of Justice, adjudicates many types of immigration cases. The EOIR consists of three offices that issue administrative decisions involving immigration: Immigration Courts, the Board of Immigration Appeals, and the Office of Chief Administrative Hearing Officer. For more information on the EOIR, consult the portion of this research guide concerning U.S. immigration case law.

    4.2. Government Publications

    The following are some of the publications issued by the government bodies discussed in the previous section:

    The USCIS Policy Memoranda section online contains documents that “provide access to various policy and procedural memoranda which guide USCIS adjudicators as they process applications and petitions for immigration benefits.” The USCIS Policy Manual is the immigration policies and procedures of the agency.” Previously, the USCIS’ policies and procedures were set out in the Adjudicator’s Field Manual which as of publication is being phased out.

    The Foreign Affairs Manual (FAM) is a multi-volume text that details the DOS’s policies and structure and provides instruction and interpretive guidance on visas and other matters for DOS employees. Volume 9 of the FAM contains material relating to visas.

    The DOS’s Visa Bulletin reports on the availability of family-sponsored and employment-based immigrant visas for permanent residence during the month that the bulletin is published. Immigrant visas are either immediately available or require that the applicant wait until a visa becomes available due to the visa backlog for applicants from certain countries and in certain preference categories (or a combination of both). This information on the Visa Bulletin can provide useful insight into whether visas in a particular category available and how long applicants are will have to wait.

    Select Free Online Resources

    DOS website: Visa Bulletin

    Select Print Resources

    4.3. Constitutional Provisions

    The U.S. Constitution does not include a specific provision concerning immigration. The Supreme Court has generally held that Congress has “plenary power,” or wide authority to legislate on immigration. This authority is based on numerous grounds, including the Constitutional provision authorizing Congress to legislate on naturalization, Congress’s foreign relations and international commerce authority, and the Federal government’s inherent power as a sovereign to control its borders.

    4.4. Legislation, Regulations, & Documents in the Federal Register

    The Immigration and Nationality Act, as amended (INA) is the primary statute governing U.S. immigration law. The INA is codified in Title 8 of the U.S. Code, Aliens and Nationality. In addition to Title 8, some other titles of the U.S. Code contain provisions relating to immigration, including Title 20, Employee Benefits, Title 22, Foreign Relations, and Title 29, Labor.

    Legislation Amending INA: Several public laws have amended the INA since it was first passed in 1952. These laws include the Immigration Reform Control Act of 1986, Immigration Act of 1990, and Illegal Immigration Reform and Immigrant Responsibility Act of 1996, among many others.

    Immigration Regulations: Title 8, Aliens and Nationality, of the Code of Federal Regulations (CFR) is the main source for immigration regulations. However, several other titles of the CFR, including Title 6, Domestic Security, and Title 22, Foreign Relations, also contain provisions relating to immigration.

    Immigration Documents in Federal Register: The Federal Register publishes various government documents and notices issued by federal agencies. Documents relating to immigration that can be found in the Federal Register include proposed, final, and interim final regulations, as well as notices of new immigration rules.

    Select Free Online Resources

    Select Print Resources

    • Bender’s Immigration and Nationality Act Pamphlet. Matthew Bender, LexisNexis, 1987- (publishes INA and updates the text as Congress makes changes to the Act).
    • Bender’s Immigration Regulations Service. Matthew Bender, LexisNexis, 1989- (publishes select immigration regulations and incorporates changes on a frequent basis).
    • Dizon, Shane, and Wettstein, N. Immigration Law Service, 2d. Thomson Reuters, 2004- (publishes FAM and Agency documents, including select CIS policy and procedural memoranda).
    • Yale-Loehr, Stephen, Wada, R., and, Mailman, S. Immigration Law and Procedure. LexisNexis, 1966-.

    For more information on locating U.S. legislation, see NYU Faculty Services/Reference Librarian Gretchen Feltes’ The U.S. Federal Legal System Web-Based Public Accessible Sources (updated Dec. 2021).

    4.5. Case Law

    Administrative Decisions

    U.S. Immigration Courts, which are part of the Executive Office for Immigration Review in the Department of Justice, adjudicate mostly removal cases, but also cases related to asylum and permanent residency. In removal proceedings, Immigration Judges decide whether a foreign national must be removed from the United States or if they are entitled to a benefit under U.S. law or a form of relief from deportation.

    The Board of Immigration Appeals (BIA), part of the EOIR, conducts appeals in certain immigration matters, including appeals from certain immigration court decisions and appeals from some types of decisions made by DHS District Directors. There are three types of BIA decisions: precedent decisions, indexed decisions, and unpublished decisions. Precedent decisions are those that the BIA selects as having a binding effect on DHS employees and immigration courts, and can be found on EOIR’s website. Indexed decisions can be used for guidance in some circumstances and unpublished decisions are generally considered routine. The BIA Practice Manual provides extensive information about the BIA’s operation.

    The Administrative Appeals Office (AAO), part of USCIS, primarily hears appeals from decisions made by DHS officers on various types of immigration petitions and applications. USCIS publishes online a select number of decisions, called “Adopted AAO Decisions,” which are non-binding precedent decisions that USCIS has adopted as “binding policy guidance for USCIS personnel.

    The Office of the Chief Administrative Hearing Officer (OCAHO), part of EOIR, hears cases involving certain complaints of unfair immigration-related employment practices and document fraud.

    The Board of Alien Labor Certification Appeals (BALCA), part of DOL, hears appeals in cases where DOL has denied a labor certification application. The BALCA Judges’ Benchbook (also called the BALCA Deskbook) provides an overview of labor certification law and offers numerous case citations to back-up its explanations of various points of law.

    Select Free Online Resources

    Select Print Resources

    Judicial Decisions: Certain immigration decisions and matters, such as certain removal orders, are subject to judicial review.[8] Moreover, most judicial cases involving immigration are decided in federal courts.

    Select Print Resources

    • Bender’s Immigration Case Reporter. Matthew Bender, LexisNexis 1985- (publishes select federal judicial decisions concerning immigration).
    • Martin, D. Asylum Law Sourcebook: Master Index and Case Abstracts for U.S. Court Decisions. Thomson Reuters, 2005- (summarizes federal cases relating to refugees).
    • Zambelli, P. Annotated Refugee Convention: Fifty Years of North American Jurisprudence. Thomson/Carswell, 2004 (offers summaries of Canadian and U.S. cases involving refugee issues).[9]

    Select Free Online Resources

    For more information on locating U.S. case law, see NYU Faculty Services/Reference Librarian Gretchen Feltes’ A Guide to the U.S. Federal Legal System Web-based Public Accessible Sources (updated Dec. 2021).

    4.6. Secondary Sources

    Loose-leafs, Treatises & Monographs

    • Mendez, M. et al. Representing Clients in Immigration Court, 6th ed. Washington, D.C.: American Immigration Lawyers Association, 2021. (Guides attorneys through crucial aspects of immigration-related representation.)
    • Boswell, R. Essentials of Immigration Law, 5th ed. Washington, D.C.: American Immigration Lawyers Association, 2020. (Provides a plain-language overview of U.S. immigration law.)
    • Fragomen, A. et al. Immigration Legislation Handbook, 2023 ed. Thomson Reuters, 2023. (Published annually, reports on new legislation affecting immigration and citizenship law. This is one of several Fragomen and Bell handbooks. Others include Immigration Procedures Handbook, H-1B Handbook, and Labor Certification Handbook.)
    • Dizon, Shane, and Wettstein, N. Immigration Law Service, 2d. Thomson Reuters, 2004-. (Explains U.S. immigration law in a clear manner. Offers many appendices.)
    • Collopy, D. AILA’s Asylum Primer, 7th Ed. Washington, D.C.: American Immigration Lawyers Association, 2015. (Provides thorough explanation and commentary on U.S. asylum law. Offers numerous practitioner-oriented appendices including sample forms, model letters, and checklists.)
    • Yale-Loehr, Stephen, Wada, R., and, Mailman, S. Immigration Law and Procedure. LexisNexis, 1966-. (Comprehensively explains and analyzes U.S. immigration law and policy. It is useful for both novices and seasoned immigration lawyers. Appendixes include INA, FAM, BALCA Judges’ Deskbook, and select documents relating to immigration from the Federal Register.)
    • Baldini-Potermin, M., Kesselbrenner, D., et al. Immigration Law and Crimes, Summer 2023 ed. Thomson Reuters. (Published semi-annually, covers the impact of criminal behavior on immigration under U.S. law.)
    • Kurzban, I. Kurzban’s Immigration Law Sourcebook, 18th ed. Washington, D.C.: American Immigration Lawyers Association, 2022. (Provides concise explanation of immigration law. Includes explanatory text and ample case citations.)
    • Weissbrodt, D., et al. Immigration Law and Procedure in a Nutshell, 8th ed. West Academic Publishing, 2023. (Summarizes key aspects of U.S. immigration law.)
    • Ignatius, S., Stickney, E., et al. Immigration Law & the Family, 2023 ed. Thomson Reuters, 2023. (Published annually, focuses on U.S. immigration law relating to family members.)

    Periodicals & Current Awareness Services

    • AILA Law Journal. Full Court Press 2019-. (American Immigration Lawyers Association inhouse journal. Publishes scholarly and practitioner focused articles on immigration law of the United States.)
    • Bender’s Immigration Bulletin. Matthew Bender, LexisNexis 1985-. (Reports immigration law news. Summarizes federal and administrative immigration cases, reports on changes in the policies and procedures of federal agencies responsible for administering immigration laws, and so on.)
    • Georgetown Immigration Law Journal. Washington, D.C.: Georgetown University Law Center, 1985-. (Publishes scholarly articles on the immigration law of the United States and other countries.)
    • Immigration Briefings. Thomson Reuters, 1988-. (Reports on and analyzes one immigration issue in-depth per monthly issue.)
    • Interpreter Releases Daily. Thomson Reuters, 1935-. (Covers immigration law news including changes in agency policies and practices, important cases, and legislative developments, such as proposed immigration legislation.)
    • Siskind’s Immigration Bulletin (Reports on immigration news. This is a free newsletter published by Siskind Susser PC, an immigration law firm.)

    Legal Encyclopedias with Chapters on Immigration Law

    • “Aliens and Citizens,” in American Jurisprudence 2d. Thomson Reuters, 1962-.
    • “Aliens,” in Corpus Juris Secundum. Thomson Reuters, 1936-.

    4.7. Fee-Based Databases Focusing on Immigration

    • Westlaw and LexisNexis both offer extensive resources on U.S. immigration law, and subscription fees are required for both. For example, both have databases of immigration case law, titles of the U.S. Code relating to immigration, immigration regulations, immigration administrative decisions (AAO, BIA, OCAHO, and BALCA decisions), and a range of secondary sources covering immigration.
    • AILALink is an online searchable and constantly updated database that is focused exclusively on immigration law and policy. AILALink is maintained by the American Immigration Lawyers Association. A subscription fee is required.

    4.8. Organizations

    The American Immigration Lawyers Association (AILA) is a professional organization for immigration lawyers. It offers members materials and educational resources designed to assist their practices. AILA website posts the text of proposed immigration legislation, enacted immigration legislation, congressional statements and testimony relating to immigration, and so on. Some materials on the website are restricted to members of the Association.

    The American Immigration Council (AIC) is a 501(c)(3) nonprofit organization that does litigation, provides public information, and runs a cultural exchange work program. AIC’s website offers a number of documents with background information as well as a blog, Immigration Impact.

    The National Immigration Law Center (NILC) is one of the best-known NGOs in the United States focusing on immigrants’ rights. NILC does impact litigation and policy analysis and advocacy focusing on immigration law, and other areas of the law that impact low-income immigrants, including labor and employment law and health care.

    The U.S. Committee for Refugees and Immigrants (USCRI) is a nonprofit organization dedicated to defending the rights of and serving the needs of refugees. The U.S. Committee for Refugees website offers various materials—articles, reports, manuals, and more—targeted to lawyers practicing in this subject area.

    4.9. Refugees and Asylum Seekers

    The United Nations Convention Relating to the Status of Refugees (Convention) and the United Nations Protocol Relating to the Status of Refugees (Protocol) establish the rules under international law for refugees and asylum-seekers. On November 1, 1968, the United States acceded to the Protocol and is bound it. For more information on the Protocol, see the Section 2.9 of this guide. Currently, the INA is the primary source of U.S. asylum and refugee law, and the U.S. Refugee Act of 1980 is an amendment to the INA that serves as the main implementing legislation for the Protocol.

    Select Print Resources

    • Collopy, D. AILA’s Asylum Primer, 9th ed. Washington, DC: American Immigration Lawyers Association, 2023.
    • Martin, D. Asylum Law Sourcebook: Master Index and Case Abstracts for U.S. Court Decisions. Thomson Reuters, 2005- (summarizes federal cases relating to refugees – updated annually).
    • Zambelli, P. Annotated Refugee Convention: Fifty Years of North American Jurisprudence. Thomson/Carswell, 2004 (offers summaries of Canadian and U.S. cases involving refugee issues).[10]

    Select Free Online Resources

    4.10. Research Guides

    The following are online research guides on U.S. immigration law:

    5. Note about Research Guide

    Inclusion of a link to a website on this research guide should not be interpreted as an endorsement of the accuracy or currency of the material on the website. Moreover, no information on this research guide should be interpreted as legal advice.

    [1] Refugees and Settlement, Brotherhood of St. Laurence, www.bsl.org.au/Services/Refugees-and-settlement.aspx (last visited on Jan. 29, 2011).

    [2] Multicultural Australia and Immigration Studies, Remit Publishing, www.informit.com.au/indexes_MAIS.html (last visited on Jan. 29, 2011).

    [3] Regina Germain, AILA’s Asylum Primer 1 (2003). Elisa Mason in her Guide to International Refugee Law Resources on the Web also identifies the Convention and Protocol as the “[t]wo principal conventions [that] govern international refugee matters.”

    [4] John Vrachnas, et al., Migration and Refugee Law: Principles and Practice in Australia 178 (2005).

    [5] Operational Instructions and Guidelines, Immigration, Refugees and Citizenship Canada, https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals.html (last visited on Feb. 20, 2023).

    [6] Federal-Provincial/Territorial Agreements, Immigration, Refugees and Citizenship Canada, https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/federal-provincial-territorial.html (last visited April 20, 2023).

    [7] As of 2011, there have been several supplements to this text.

    [8] For more information on judicial review, see Ira Kurzban, Kurzban’s Immigration Law Sourcebook (2017) (Ch. 10, “Federal Judicial Review”).

    [9] As of 2011, there have been several supplements to this text.

    [10] As of 2011, there have been several supplements to this text.