Frequently Asked Questions

Government regulationsAn official rule created by a government agency to explain how a law will be carried out and enforced. Regulations have the force of law and provide details that may not be included in the law passed by Congress. 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 SecurityA federal department that works to keep the United States safe. It oversees border security and immigration services and enforcement agencies, including ICE and USCIS., the Department of LaborA federal department under the executive branch responsible for ensuring workers’ rights are protected, enforcing labor laws, and regulating working conditions., the Department of JusticeA federal department under the executive branch responsible for enforcing federal law and civil rights., Internal Revenue ServiceThe federal agency responsible for collecting taxes and enforcing tax laws in the United States., Department of Health and Human ServicesA federal department tasked with protecting public health, safety, and well-being and providing essential human services to people in need, including food safety, insurance, welfare programs, etc., and Department of StateThe federal department responsible for U.S. foreign policy, diplomacy, passports, visas, and relationships with other countries. 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.

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 will then undergo the steps identified on the Life of a Regulation page.

An agency begins the deregulation process when it determines that an existing regulation should be repealed, reduced, or modified.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 ActA mechanism used by Congress to overturn federal agency rules or actions, if approved by both houses of Congress and the President, or if Congress overrides a presidential veto., court ruling, policy objective, new information, or an operational challenge.

The Administrative Procedure Act (APA)A federal law that explains how government agencies must create, change, and enforce regulations. It helps make sure the public has a chance to learn about and comment on proposed rules. 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.

The Paperwork Reduction Act (PRA)A federal law that was passed to minimize the burden of information collection and paperwork on the public by or for the federal government. Among other requirements, it requires agencies to publish notice in the Federal Register to allow the public to comment on new, revised, or the extension of the validity period for forms or surveys. 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.

The Congressional Review Act (CRA)A mechanism used by Congress to overturn federal agency rules or actions, if approved by both houses of Congress and the President, or if Congress overrides a presidential veto. allows Congress to review and potentially overturn new federal regulations issued by government agencies or issued late by previous administrations. 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.