Introduction
Immigration law relates to the laws, policies, and practices that govern who can enter, stay, or become a citizen in the United States. This includes who is eligible to enter the country and for what purpose, the rights and obligations of immigrants (including access to benefits, work permits, and responsibility to comply with the law), enforcement (including removal of those who are in violation of immigration law), and many other topics.
Immigration lawyers work in an array of practice settings including nonprofit organizations, private firms, and government agencies. They serve populations from across the globe that range from victims of human trafficking to agricultural workers to STEM researchers to multinational investors. Immigration advocacy may be administrative in nature, include trials in immigration court and/or at the appellate level, or may involve advancing changes to policy or relevant agency rules.
Immigration laws have changed significantly in the years since 9/11 and this practice space continues to be a rapidly changing legal landscape. It has become increasingly politicized, more focused on enforcement, and more reliant on executive action than legislation. Immigration policy tends to swing significantly depending on the administration in power. This creates a challenging and vibrant practice environment for lawyers, as well as one that is deeply rewarding.
Practice Settings
Legal Aid/Legal Service Organizations
Many legal aid organizations have an immigration unit that offers free or low-cost immigration representation to noncitizens. Attorneys in this setting are largely providing individual case representation in a variety of relevant matters, though some may also engage in affirmative litigation that creates larger scale impact for immigrant communities. Clients tend to be limited to those whose income is below a certain threshold and/or who live within a designated service area. One benefit of this practice setting is that the organization may be able to holistically assist clients with non-immigration legal needs (criminal system involvement, housing, family law) in-house, rather than referring out to another organization.
Other legal aid organizations provide direct representation on immigration matters only. While most of these will serve a wide range of clients, others are geared toward specific client populations such as unaccompanied minors, the LGBTQ+ community, or members of the African diaspora, for example.
There are also a number of faith-based organizations that have long-standing traditions of providing support and advocacy for immigrants, drawing on their principles emphasizing compassion and “welcoming the stranger.” These organizations provide direct legal services often in conjunction with other forms of support such as food assistance, language classes, and job training. They have the benefit of being connected to national and international networks through their affiliation with a larger religious body. Most do not restrict services to people of the organization’s own faith or require employees to identify as members of the faith.
Nonprofits
In addition to organizations providing direct services, some organizations lead or participate in affirmative litigation that is designed to change or influence immigration policy and practices. These groups may also engage in advocacy work that involves preparing position statements or publications on immigration issues and lobbying government officials to change legislation or regulations. This work is less client-oriented than direct service provision. It can often be helpful to have some direct service experience prior to engaging in affirmative litigation and/or policy advocacy to gain a felt sense of the ways systemic issues impact the lives of individual immigrants.
Law Firms
There are numerous private law firms that represent immigrant clients, ranging from solo practitioners to mid-sized firms to those with a global presence and thousands of employees. Because such firms need to generate revenue, clients are often chosen by their ability to pay. Clients are charged service-based fees rather than billed by the hour.
Historically, Big Law firms have had active pro bono immigration programs in which attorneys can work on a variety of cases ranging from deportation defense to citizenship applications to asylum claims. The amount of pro bono work varies by firm and many firms that once were highly active in this area have gone quiet as a result of the second Trump administration’s harsher posture on immigration.
Government
Department of Homeland Security
The main federal agency that is responsible for administering the nation’s immigration laws is the Department of Homeland Security (DHS). Within DHS, the three primary immigration components are Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS). DHS attorneys advise agency officials on legal risks, the interpretation of statutes, and the impact of proposed legislation. DHS attorneys within the Office of the Principal Legal Advisor represent DHS in removal proceedings in immigration court.
Department of Justice
The Executive Office for Immigration Review (EOIR), also known as “immigration court,” is housed within the Department of Justice and adjudicates immigration cases, determining whether an individual can remain in the U.S. or must be removed due to immigration violations. Immigration Judges are appointed by the U.S. Attorney General. EOIR has over 70 immigration courts across the country and is headquartered in Washington, D.C. EOIR offers clerkships for recent law students. Within EOIR is the Board of Immigration Appeals (BIA), which is the highest administrative body for interpreting and applying immigration laws. Decisions made by the BIA are subject to judicial review in federal circuit courts of appeals.
Within DOJ’s Civil Division sits the Office of Immigration Litigation (OIL). OIL litigates immigration cases originating in federal district courts and defends the government in petitions for review filed in courts of appeals. Attorneys at OIL work on cases presenting challenging legal and factual issues, including whether an individual is subject to removal, whether a noncitizen is entitled to an immigration benefit, and whether an immigration action, policy, or program is lawful. They work in close coordination with U.S. Attorney’s Offices across the country to ensure there is uniform application and defense of immigration laws, as well as provide immigration-related legal advice to other federal agencies. In the Immigrant and Employee Rights Section of DOJ’s Civil Rights Division, attorneys enforce the anti-discrimination provision of the Immigration and Nationality Act.
State Department
The Bureau of Consular Affairs within the U.S. State Department is primarily responsible for handling the visa application process for foreign nationals seeking nonimmigrant and immigrant visas to the United States. Foreign Service attorneys are stationed at U.S. embassies and consulates overseas, providing legal advice and support. In addition, attorneys in the Office of Consular Affairs (within the Office of the Legal Adviser) provide advice and representation relating to the performance of consular functions, including adjudication and revocation of visas.
Other Federal Agencies
In addition to the above, several other federal agencies engage in work that relates to immigration. For example, the Department of Health and Human Services (DHHS) is involved in medical examinations for visa applicants, addressing health-related conditions that impact immigration, and providing care of unaccompanied immigrant children. For some employment-based immigrant visa programs, the Department of Labor (DOL) is involved in issuing the labor certification verifying that the employer has met certain requirements and that the foreign worker’s employment will not adversely affect U.S. workers. Attorneys who work in the Office of Legal Counsel for agencies like DHHS and DOL may advise on such immigration-related issues.
State and Local Government
Though the federal government has primary authority on immigration matters, states can also enact laws that affect immigrants and influence federal immigration enforcement within the state. Under the principle of preemption, however, in situations where state law conflicts or obstructs the federal government’s immigration scheme, federal law prevails. State laws may address issues such as providing public benefits to immigrants, regulating immigration-related businesses, or establishing programs to help immigrants integrate into the community. Some cities and states have adopted policies which limit local law enforcement’s cooperation with federal immigration authorities.
At state attorneys general offices, attorneys may file or defend lawsuits related to the rights of immigrant residents of the state. Attorneys also work as legal counsel to mayors and/or governors, where they advise on a wide range of legal matters and contribute to developing policy and legislative strategies, including those impacting the immigrant community.
International Practice Settings
Due to the cross-border nature of immigration issues, this is a practice area of international significance. Human migration related to refugees, human trafficking, labor migration and related issues are the focus of many international organizations. Both international nonprofits and intergovernmental organizations do mission-based advocacy at the global level on behalf of migrating peoples.
Two key intergovernmental organizations that deal with migration are the U.N. High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM). Attorneys who work for these agencies provide legal advice and services across various areas to support their missions. This work includes a variety of issues related to international law, refugee law, and human rights.
International nonprofits play a critical role in supporting migrants and refugees across various stages of their journeys. They often work in collaboration with governments, intergovernmental agencies, and local civil society organizations. Attorneys in these settings may provide direct legal assistance to migrants and/or engage in advocacy that such migrants should be protected, assisted, and integrated. In addition, U.S. trained attorneys often work to strengthen the capacity of local organizations and governments to effectively manage migration and response to migrant needs.
Issue Areas
Family-Based Immigration
One of the most common ways for people to immigrate to the U.S. is through family-based immigration. This type of practice involves helping U.S. citizens or permanent residents unite their families through a two-step process: First, the U.S. citizen or permanent resident files a family visa petition. Second, the foreign family member files an application to become a permanent resident. Each step involves different legal and factual issues.
Employment-Based Immigration
Also called “business immigration,” this type of practice involves assisting businesses to hire workers from other countries. Business immigration lawyers sometimes work for large law firms that represent multinational corporations or for smaller immigration law firms. Business immigration attorneys handle the complex visa application process and help ensure that corporate clients comply with immigration law.
Humanitarian Protection
This refers to helping clients apply for various types of immigration relief granted to individuals who face persecution in their home countries or who are facing urgent humanitarian situations. These protections allow individuals to reside temporarily or permanently in the U.S. often with the right to work and access other benefits. Some examples of humanitarian protection:
- Asylum: Protection granted to foreign nationals who have a well-founded fear of persecution in their home country and are unable or unwilling to return due to that fear. Asylum can be sought through an affirmative process (for those not in removal proceedings) or a defensive process (for those in removal proceedings).
- T-Visa: A type of visa available to victims of severe forms of human trafficking and who are in the U.S. due to the trafficking situation. It allows eligible victims to remain in the U.S. provided they assist with the investigation and prosecution of trafficking cases.
- U-Visa: A type of visa available to victims of certain crimes, allowing them to remain in the country to help law enforcement with investigations or prosecutions.
- Violence Against Women Act (VAWA) Visa: This visa provides a pathway to legal status for victims of domestic violence and other forms of abuse by allowing certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents to apply for a green card without the abuser’s knowledge or involvement.
- Special Immigrant Juvenile Status (SIJS): A pathway to legal residency for young people who have been abused, neglected, or abandoned by one or both parents and cannot be reunited with them.
- Temporary Protected Status (TPS): A temporary form of humanitarian relief for people from certain designated countries that have experienced armed conflict, natural disaster, and other conditions that prevent nationals from those countries from returning safely.
Permanent Residency and Naturalization
Lawyers regularly assist immigrants in various stages along the path to lawful permanent residency and U.S. citizenship. After securing a visa or temporary immigration status, a lawyer may help their client become a lawful permanent resident (i.e. obtain a “green card”) by preparing the client’s application and establishing that the client is eligible to enter or remain in the country as a permanent resident. After several years as a legal permanent resident, the immigrant may become a full citizen through the naturalization process.
Intersecting Issue Areas
Criminal Law
“Crimmigration” is a growing field of law that has been at the forefront of debates over the last decade and refers to the ways that immigration laws have become criminalized and criminal laws have become immigrationized. It is critical for practitioners of both immigration and criminal law to understand the immigration consequences of criminal convictions and related intersectional issues.
Labor and Employment
The intersection of employment law and immigration law is complex and ever-evolving. Lawyers who work at this intersection may be involved in a range of issues including obtaining employment visas for foreign workers, protecting immigrants from workplace discrimination, labor trafficking, and others.
International Human Rights
Though countries have the right to control their borders and regulate immigration, it must be done in a way that respects international law. This creates a tension between state sovereignty in regulating immigration and the protection of fundamental human rights of migrants and refugees. For example, states must ensure that deportations are carried out in accordance with the international legal principle of non-refoulement (returning individuals to a country where they face persecution).
National Security
To protect national security, the immigration system is designed to be secure, with robust screening and vetting processes to ensure that those granted immigration benefits do not pose a risk. Lawyers at this nexus are often working on issues of border security, intelligence gathering and sharing between government agencies, and the specific security threats U.S. immigration policy must manage, from public health emergencies to activities of terrorist organizations.
Civil Rights
Immigrants in the U.S., regardless of their legal status, are entitled to certain civil rights under the constitution and federal civil rights laws. Lawyers who work at this intersection grapple less with the immigrant’s ability to remain in the country, but rather with enforcing the civil rights of immigrants, including combating discrimination, ensuring due process, guaranteeing equal protection, and other civil rights concerns.
Preparing for a Career
As is true in almost all areas of public interest legal practice, the best way to prepare for a career in immigration law is by demonstrating an interest in the topic and gaining practical legal experience in the immigration space. You can do this through student practice organizations, internships, externships, clinical opportunities, and classes related to immigration. To be competitive for most public interest positions in the immigration field, it is critical that you spend at least one summer and/or do a clinic specifically focused on immigration issues. Some opportunities at HLS to gain practical experience in immigration law are:
Networking
The stronger the relationships you form during law school (through your internships, clinical placements, faculty, Wasserstein Fellows, and the HLS alumni network), the more likely you are to be able to land a job doing what you want to do right out of law school. If you meet someone who has followed a career path that appeals to you, try to ask them as many questions as you can about how they got where they are and what most helped them along the way.
The immigration bar is known for its extremely high level of collegiality. Immigration lawyers often collaborate, discuss or strategize on cases, share expertise and insights with colleagues, and are more than happy to mentor more junior attorneys. Working within a complex, ever-changing, and often stressful legal system creates a sense of camaraderie among practitioners, and the culture of mutual support is deeply felt.
The American Immigration Lawyers Association (AILA) is a great way to meet immigration attorneys, get invited to networking events, and access additional resources related to immigration practice. The annual AILA conference offers excellent networking opportunities. You can become a law student member of AILA for free. Also free, the Immigration Advocates Network allows law students to access their resource center library and connect to other members.
Bar Membership
To be an immigration lawyer, you must be licensed in at least one U.S. state. Because immigration law is federal, this will allow you to represent clients in immigration proceedings across the country with a single state bar license. However, it’s wise to get licensed in the state where you plan to live and work because you may need to also represent immigration clients in state-specific areas of law, such as family law or criminal law.
Critical Skills
Regardless of the area of law, there are fundamental skills that all lawyers need to be effective and successful: legal research and analytical skills, written and oral communication skills, time management and organizational skills, interpersonal and emotional intelligence, and skills related to ethics and professional responsibility. Below are some additional skills that are specific to immigration law practice.
Language Skills
Fluency in a language other than English, particularly in a language spoken by a large number of immigrants (e.g., Spanish, Chinese, Tagalog, French, Vietnamese), is extremely helpful to securing career opportunities in immigration law. Indeed, many internships and post-graduate opportunities require additional language skills. It will be more helpful to your employment prospects if you speak one additional language fluently, rather than several languages at a lower level of proficiency. There is a “Spanish for Lawyers” course offered at HLS that is available to students who already have advanced proficiency in Spanish. You can also develop language skills during law school by cross-registering or auditing language classes at the Harvard Faculty of Arts and Sciences.
Working with Interpreters
Many immigration clients speak limited or no English and so interpreters become a vital part of the legal process. Lawyers must be familiar with not only working with interpreters but using interpreters strategically to avoid miscommunication, ensure the client’s rights are respected, and advocate effectively on their behalf.
Cross-Cultural Competency
Practicing immigration law requires the ability to effectively navigate, understand, and communicate with clients from diverse cultural backgrounds. This goes beyond just having awareness of different cultures but rather involves actively working to understand how cultural norms, values, and beliefs impact how clients experience and interact with you as their lawyer and with the legal system. For many immigrant clients, trust in legal professionals may be low due to past negative experiences with authorities, governmental systems, or legal institutions. A lawyer who demonstrates cultural sensitivity can build rapport more easily and reassure clients that their needs and concerns are being respected.
Trauma-Informed Practice
Since immigration lawyers frequently represent clients who have experienced trauma—refugees fleeing persecution, victims of trafficking, individuals facing deportation—practitioners need to recognize the impact that trauma can have on the client’s experience of the legal system and their ability to participate in the legal proceedings. Immigration lawyers need to understand the psychological, emotional, and physical effects of trauma in order to provide the most effective representation and minimize re-traumatization.
Staying Current
Because immigration law is highly dynamic and often subject to political and legislative changes, immigration lawyers must keep up with these changes, new executive orders, and precedent-setting court rulings that may affect their clients’ cases.
Attention to Detail
Though all legal practice requires attention to detail, immigration practice requires an extraordinarily high level of precision when filling out forms, petitions, and applications. Even the smallest of mistakes can result in massive delays and/or have serious consequences for a client’s immigration status.
Finding a Job
Entry-Level Hiring
Depending on the market, legal aid organizations may hire recent law school graduates to work as entry-level immigration staff attorneys. Successful applicants are those who have had significant practical experience in immigration, either through clinical work, internships, or both. Language skills are also often critical.
Government Honors Programs
Government honors programs are designed to recruit and train entry-level attorneys to work in various agencies. The programs are typically two years and often serve as a stepping stone to a permanent position within the agency hosting the program. The DOJ, DHS, and other agencies that deal with immigration matters have hosted honors programs. Historically, DHS’s program offers two tracks: one with the DHS Headquarters Office of the General Counsel (OGC) and another with the USCIS Office of the Principal Legal Advisor (OPLA).
Fellowships
Fellowships provide an excellent, and often essential, resource for recent law graduates seeking post-graduate opportunities in immigration law. Fellowships enable recent law school graduates to work with public interest organizations that usually only hire more experienced attorneys by providing them with term-limited funding. The Immigrant Justice Corps (IJC) Fellowship is a two-year fellowship awarded to recent law graduates who demonstrate a commitment to providing immigration legal services. IJC matches Fellow candidates with partnering host organizations and provides Fellows with full salary and benefits.