Frequently Asked Questions
Common questions about how regulations work and the laws that govern the process.
What are government regulations?
Government regulations are rules (the two terms are often used interchangeably) created by federal agencies to implement laws. In immigration, these rules shape how policies work in practice and affect everything from who qualifies for a visa or asylum, to how long people wait for decisions, to what rights they have while applying.
Agencies like the Department of Homeland Security, the Department of Labor, the Department of Justice, the Internal Revenue Service, the Department of Health and Human Services, and the Department of State issue immigration-related regulations that carry the force of law. They can expand or restrict access to protections and benefits, determine how cases are processed, and influence enforcement priorities.
Because regulations can change without new laws, immigration policy often shifts with each administration. That makes it even more important for advocates and impacted communities to track, understand, and respond to regulatory changes.
How does the government initiate a regulation?
An agency begins the regulatory process when it determines that a new regulation or a change to an existing regulation is needed. This may be in response to a new law, court ruling, policy objective, new information, or an operational challenge. The agency then follows the steps outlined on our Life of a Regulation page.
Why does the government initiate deregulation?
An agency begins the deregulation process when it determines that an existing regulation should be repealed, reduced, or modified. This may also be in response to a change in law — including the Congressional Review Act — a court ruling, policy objective, new information, or an operational challenge.
What is the APA? Why is it important?
The Administrative Procedure Act (APA) is a federal law that governs how agencies propose and set regulations. It ensures transparency by requiring notice-and-comment rulemaking, giving the public a chance to weigh in before a rule becomes final. The APA is important because it holds agencies accountable and gives the public — including impacted communities — a voice in the policymaking process.
What is the PRA? Why is it important?
The Paperwork Reduction Act (PRA) is a law that requires federal agencies to get approval before collecting certain information from the public. This includes forms, surveys, or any paperwork burden. The goal is to minimize unnecessary paperwork and ensure the government only collects information it truly needs. The PRA protects the public from overly burdensome requests and ensures transparency in data collection.
What is the Congressional Review Act?
The Congressional Review Act (CRA) allows Congress to review and potentially overturn new federal regulations issued by government agencies, or issued late by a previous administration. Congress has a limited window — typically 60 legislative days — to reject a rule via a joint resolution. If both chambers of Congress and the President agree, the rule is nullified and cannot be reissued in the same form. The CRA is a key tool for legislative oversight of executive branch rulemaking.