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IntroductionThis guide provides a starting point for researching immigration law at the University of Minnesota Law Library. Most of the resources listed here are available at this library, although you may find some useful sources at Wilson Library. Also, the University’s Immigration History Research Center collects information on American immigration and ethnic history and may be helpful for some researchers. In the United States immigration is controlled at the federal level, primarily by statutes and administrative regulations. If you need an overview of immigration law, start with Weissbrodt and Danielson's Immigration Law and Procedure in a Nutshell (TC Law Library Reserve KF4819.3 .W4 2005). LegislationThe Immigration and Nationality Act or INA, (available on the U.S. Citizenship and Immigration Services' web site http://www.uscis.gov), was created in 1952. Before the INA, a variety of statutes governed immigration law but were not organized in one location. The McCarran-Walter Act of 1952, Public Law No. 82-414, 66 Stat. 163, collected and codified many existing provisions and reorganized the structure of immigration law. The Act has been amended many times over the years, but is still the basic body of immigration law. The current text of the law is also contained in Title 8 of the United States Code.Legislative Histories Selected legislative history of the Immigration Reform and Control Act of 1986 : public law no. 99-603 (American Immigration Lawyers Association, 1987). Nancy Humel Montwieler, The Immigration Reform Law of 1986 : analysis, text, and legislative history (1987). E. P. Hutchinson, Legislative history of American immigration policy, 1798-1965 (1981). Frank George Franklin, The legislative history of naturalization in the United States (1969). The Bureau of Citizenship and Immigration Services web page also provides a compilation of federal immigration and naturalization statutes for an overview of the legislative history of immigration from 1790 to 1996. It is not exhaustive either for the number of bills enacted or for the specific points of law within each bill, but it does provide a basis for further inquiry for more detailed information. To find other legislative histories, consult these guides: Nancy P. Johnson, Sources of compiled legislative histories, a bibliography of government documents, periodical articles, and books (1979-). Bernard D. Reams, Jr., Federal legislative histories : an annotated bibliography and index to officially published sources (1994). Administrative RegulationsOnce Congress passes a law, rules or regulations are often developed by an agency. These regulations describe how the agency will implement the law. The current text of Bureau of Citizenship and Immigration Services (BCIS) regulations in force are found in Title 8 of the Code of Federal Regulations, (8 CFR). The Code of Federal Regulations is frequently amended by adding new language, revising or removing existing language, although it is not necessary for every provision of law to be interpreted or implemented by a federal regulation.Proposed and final amendments to the CFR are published in the Federal Register. The BCIS website provides a list of recent published immigration-related regulations in its USCIS Federal Register Announcements section. The best print source for immigration regulations: Bender's Immigration Regulations Service (Aileen Jenner, ed. 1994-). Judicial and Administrative Decisions and CitatorsJudicial DecisionsYou can find judicial decisions (court cases) by looking at the United States Code Annotated (U.S.C.A.) (TC Law Library Primary KF62 1927 .W45) and United States Code Service (U.S.C.S.) (TC Law Library Primary KF 62 1972 .L38). First, use the index at the end of each set, or the table of contents at the beginning of Title 8, to find the statutes relevant to your issue. Look up the sections and read the annotations at the end. These annotations include case citations that you can use to locate the full text of the cases. You can also use the topical index to Gordon & Mailman’s Immigration Law and Procedure (TC Law Library Reserve KF4819 .G67 1988) to find references to cases. Administrative Decisions United States. Board of Immigration Appeals. United States. Dept. of Justice United States. Dept. of Justice. Executive Office for Immigration Review. Office of the Chief Administrative Hearing Officer Citators Patel's citations (1988-). P. J. Patel, Patel's Immigration law digest : digest of judicial and administrative opinions in immigration and naturalization cases (1985-1998). Other Title: Immigration law digest Shepard's immigration and naturalization citations (1991). Library CatalogsMNCat Looseleafs, Treatises & NutshellsLooseleafs often combine materials from many sources (i.e. statutes, judicial decisions, administrative regulations) and are usually frequently updated. A treatise is a legal work, often multi-volume, usually written by a respected legal scholar or scholars. A nutshell provides you with a condensed general overview of the law.Charles Gordon and Stanley Mailman, Immigration law and procedure (2nd ed. 1988-). David Weissbrodt & Laura Danielson, Immigration law and procedure in a nutshell (5th ed. 2005). Deborah E. Anker, The law of asylum in the United States (3rd ed. 1999). Bender's Immigration and Nationality Act pamphlet (1987-). Bender's Immigration and Nationality Act service (1999-). Bender's immigration regulations service (Aileen Jenner, ed. 1994-). Austin T. Fragomen, Jr. & Steven C. Bell, Immigration fundamentals : a guide to law and practice (4th ed. 1996). Austin T. Fragomen, Jr. et al., Immigration law and business (1983-). Regina Germain, AILA'S asylum primer : a practical guide to U.S. asylum law and procedure (4th ed. 2005). Immigration and nationality law handbook (1991-). Immigration law advisory (1985-). Immigration law and defense (1987-). Immigration legislation handbook : covering the illegal immigrant, welfare and antiterrorism laws (1996-). Immigration procedures handbook : a how to guide for legal and business professionals (1985-). Interpreter releases : an information service on immigration, naturalization and related problems (1983-). Dan Kesselbrenner & Lory D. Rosenberg, Immigration law and crimes (1984-). Ira J. Kurzban, Kurzban's immigration law sourcebook : a comprehensive outline and reference tool (1990-). Todd R. Smyth, Deskbook of the Board of Alien Labor Certification Appeals (1992-). Other Title: BALCA handbook. Richard D. Steel, Steel on immigration law (1992-). Periodicals & Periodical IndexesTo find other periodicals, search MNCat (http://mncat.lib.umn.edu) by adding the term periodicals to the subject headings listed above (e.g. Emigration and immigration law -- United States -- Periodicals or Political refugees -- Legal status, laws, etc. -- Periodicals).Bender's immigration bulletin (1996-). Columbia human rights law review (1972-). Georgetown immigration law journal (1985-). Harvard human rights journal (1990-). Immigration briefings (1988-). International journal of refugee law(1989-). The International migration review : IMR (1966-). Periodical Databases To find periodical articles, you must search a periodical index. (MnCat does not include the titles of periodical articles.) These databases allow you to search by the author, title, and keywords/subject of an article. Some suggested electronic indexes are: Legal Indexes (available on the law school network & in
the Reference Office) Other indexes (available through the University
Libraries' Articles
& More Indexes page at http://www.lib.umn.edu/articles/indexes.phtml:
Electronic ResourcesAILALink Online, published by the American Immigration Lawyers Association, is a fully searchable, web-based immigration law library. The site includes a wealth of immigration resources including primary material; leading AILA publications, such as Kurzbans Immigration Law Sourcebook and AILA’s Asylum Primer; immigration forms; and links to hundreds of immigration-related websites. ImmForms plus : forms and procedures for immigration law practice. (1995-). [computer file ] Refworld = Refmonde (1996-). LexisNexis Congressional (http://www.lib.umn.edu/cgi-bin/cong.cgi). Allows you to search federal bills, laws, regulations & Congressional information. (Off-campus use restricted to UM students, faculty and staff.) LexisNexis. LexisNexis’ Immigration library (found under its “Area of Law by Topic” section) contains immigration case law, statutes and administrative law. It also provides full-text access to many immigration journals, as well as some treatises. (Available to UM law school students, faculty and staff only.) Westlaw. Under the Immigration section of its Topical Practice Areas, Westlaw lets you search for immigration case law, statutes and administrative law. It also provides full-text access to many immigration journals, as well as some treatises. (Available to UM law school students, faculty and staff only.) U.S. Government Resources Bureau of Citizenship and Immigration Services http://www.uscis.gov/graphics/index.htm Department of Homeland Security http://www.dhs.gov/dhspublic/ Department of State – Visa Services http://travel.state.gov/visa/visa_1750.html Other Internet Resources American Immigration Lawyers Association http://www.aila.org. The professional organization for immigration lawyers. American Immigration Law Foundation http://www.ailf.org. This organization promotes public understanding and support of immigration law through education, policy analysis and legal actions. asylumlaw.org http://www.asylumlaw.org/. This group helps lawyers and other accredited representatives worldwide prepare the best asylum cases they can. Cornell’s Legal Information Institute’s immigration law: an overview http://www.law.cornell.edu/topics/immigration.html. The Immigration Portal http://www.ilw.com. Information from a leading immigration law publisher. National Immigration Law Center http://www.nilc.org. A national support center whose mission is to protect and promote the rights and opportunities of low income immigrants and their family members. NILC staff specialize in immigration law, and the employment and public benefits rights of immigrants. National Immigration Forum http://www.immigrationforum.org/. The Forum is a national public interest group which advocates for policies that welcome and support immigrants and refugees to our country. Siskind’s Immigration Bulletin http://www.visalaw.com/bulletin.html. This popular immigration publication is available for free at this web site. University of Minnesota Human Rights Library http://www1.umn.edu/humanrts/ Research Guides & BibliographiesE.B. Williams Library Research Guide on Immigration Law http://www.ll.georgetown.edu/guides/ImmigrationLaw.cfm Guide to International Refugee Law Resources on the Web “Immigration law,” in Specialized legal research (Leah F. Chanin, ed., 1997-) TC Law Library Reference Office KF240 .S63x 1987. University at Buffalo Law Library Immigration Law Bibliography http://ublib.buffalo.edu/libraries/units/law/guides_handouts/Immigration.pdf Washington University School of Law Library’s Immigrants' Rights Seminar Research Guide http://law.wustl.edu/library/index.asp?id=1353 Links verified 10/2008 |
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