Who Does What in U.S. Immigration? A Practical Guide to Agencies, Roles, and Jurisdiction

Navigating the U.S. immigration system can feel overwhelming, especially when multiple government agencies are involved. This guide offers a plain-language breakdown of the key players—from immigration courts to law enforcement—and when each agency becomes part of the process.

1. Department of Homeland Security (DHS)Website: https://www.dhs.gov

• U.S. Citizenship and Immigration Services (USCIS)

  • https://www.uscis.gov

  • Processes green cards, work permits, asylum, DACA, TPS, naturalization.

  • Administrative agency—does not arrest or enforce.

• Immigration and Customs Enforcement (ICE)

  • https://www.ice.gov

  • Handles detention, removal, and criminal immigration enforcement.

  • Includes OPLA (Office of the Principal Legal Advisor).

• Customs and Border Protection (CBP)

  • https://www.cbp.gov

  • Screens people and goods at U.S. ports of entry.

  • Can deny entry or detain at the border.

Inspector General for DHS: https://www.oig.dhs.gov

2. Department of Justice (DOJ)Website: https://www.justice.gov

• Executive Office for Immigration Review (EOIR)

  • https://www.justice.gov/eoir

  • Manages immigration courts and appeals.

• Immigration Judges (IJs)

  • Hear deportation and asylum cases.

• Board of Immigration Appeals (BIA)

  • Reviews immigration judge decisions.

Inspector General for DOJ: https://oig.justice.gov

3. Department of State (DOS)Website: https://www.state.gov

• Embassies and Consulates

  • Handle immigrant and nonimmigrant visa interviews abroad.

• Consular Officers

  • Have discretion over visa decisions (limited judicial review).

Inspector General for DOS: https://www.stateoig.gov

4. Department of Health and Human Services (HHS)Website: https://www.hhs.gov

• Office of Refugee Resettlement (ORR)

  • https://www.acf.hhs.gov/orr

  • Provides care and housing for unaccompanied minors.

Inspector General for HHS: https://oig.hhs.gov

5. Department of Labor (DOL)Website: https://www.dol.gov

• Certifies labor-based immigration filings (PERM, LCAs)

• Ensures employer wage compliance.

Inspector General for DOL: https://www.oig.dol.gov

6. Federal Courts

• Immigration decisions can be appealed beyond the Board of Immigration Appeals to the federal court system.

• U.S. District Courts

  • Handle habeas corpus petitions, challenges to detention, and lawsuits against immigration agencies.

• U.S. Courts of Appeals (Circuit Courts)

  • Review decisions from the BIA on petitions for review.

  • Can affirm, reverse, or remand cases.

• U.S. Supreme Court

  • Occasionally hears immigration cases with broad national impact.

  • Reviews constitutional questions and conflicting interpretations from circuit courts.

• Review decisions from BIA and federal immigration agencies.

• Handle constitutional and due process claims.

When Do These Agencies Get Involved?

Situation	Responsible Agency
Green card/naturalization	USCIS
Detention or deportation	ICE + EOIR
Visa denied abroad	DOS
Unaccompanied minor	HHS
Work-based visa	DOL + USCIS
Appealing denial	Federal courts

Final ThoughtsInformation Sharing Across Agencies

While each department has its own mission and internal agencies, they often share information to enforce immigration laws, make benefit determinations, or assess national security risks.

• CBP, ICE, and USCIS regularly exchange data on individuals applying for benefits, arriving at ports, or facing enforcement.

• DOS and DHS coordinate to verify visa applicants' information and screen for fraud or inadmissibility.

• DOJ and DHS collaborate during removal proceedings, with ICE attorneys representing the government and DOJ overseeing the courts.

This coordination helps agencies detect inconsistencies, prevent fraud, and enforce immigration rules more efficiently. However, it also means that actions taken with one agency (like a visa denial) can affect outcomes with others (like a green card denial).

Department Structures and Agency Missions

Each cabinet-level department contains agencies with distinct functions:

• DHS focuses on security, processing, and enforcement (USCIS vs. ICE vs. CBP).

• DOJ houses immigration courts, not benefit processing.

• DOS manages international visa issuance.

• DOL focuses on labor market protections.

• HHS centers on care for vulnerable populations like unaccompanied children.

Understanding both the hierarchy and mission of each agency within its department helps applicants, advocates, and legal professionals know where to direct questions—and what to expect from each point of contact.

Understanding which agency does what—and when—can help you navigate the system more effectively. Whether you're applying for a benefit, facing removal, or assisting someone else, knowing who holds jurisdiction can make all the difference.

And remember: Every agency has an Office of Inspector General (OIG) responsible for investigating misconduct. If something seems wrong in your case, these are the entities to contact.

Brave Borders is here to help demystify the process and connect you with tools, context, and confidence.