Immigration law is federal — the same statutes and regulations apply across all 50 states. However, state and local policies significantly affect how immigration law is experienced in practice. This page provides an overview of how immigration law operates nationally with specific notes about California and other key states.
The Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1101 et seq., is the primary federal immigration statute. It is administered by the Department of Homeland Security (through USCIS, ICE, and CBP) and the Department of Justice (through the Executive Office for Immigration Review).
California has enacted some of the strongest state-level immigrant protections in the country, including the California Values Act (SB 54) limiting law enforcement cooperation with ICE, Penal Code § 1473.7 allowing vacating convictions with immigration consequences, the TRUST Act restricting immigration holds, and state-funded legal representation programs.
Immigration enforcement and available resources vary significantly by state. Factors include local sanctuary policies, state bar referral services, legal aid availability, immigration court locations, and USCIS field office practices. For state-specific information, consult a licensed immigration attorney in your area.