What is the difference between CBP, ICE, USCIS, and Immigration Court?
The U.S. government has multiple immigration agencies. Each agency is responsible for a different part of the immigration system. These agencies include:
- Customs and Border Protection (CBP)
- Immigration and Customs Enforcement (ICE)
- United States Citizenship and Immigration Services (USCIS)
- Immigration Court (also called the Executive Office for Immigration Review or EOIR)
If you want to pursue your asylum case, it is very important to attend ALL your scheduled appointments and hearings. If you move, make sure to update your address with each of these agencies separately. The different agencies do not tell each other when someone has moved, so you need to update them separately.
- CBP is the government agency that enforces immigration laws at the border, ports, and airports. They make an initial determination about who can enter the United States and who cannot. They can also arrest and detain people near the border.
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ICE is the government agency that enforces immigration laws within the United States. ICE acts as the immigration “police.” They can detain people who they think violated immigration laws.
- Some people have regular check-in appointments with ICE. These check-in appointments sometimes happen with private companies that work for ICE, through a program called “ISAP.”
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USCIS is the government agency that processes many immigration applications. If you do not have an immigration court case, you can apply for asylum with USCIS.
- Whether or not you have an immigration court case, USCIS is where you go for your biometrics appointment (where fingerprints are taken). USCIS also processes applications for work permits, green cards, U.S. citizenship, and more.
- The immigration court is the government agency that decides whether certain immigrants can stay in the United States.
- If you apply for asylum in immigration court, an immigration judge will decide your case. An immigration court case is also called “immigration court proceedings,” “removal proceedings,” “deportation proceedings” or “EOIR.”
- If an immigration judge denies asylum, you can appeal to the next level of the immigration court system, which is called the Board of Immigration Appeals.
This resource was created by the Asylum Seeker Advocacy Project (ASAP) and edited by Immigrant Advocates Response Collaborative (I-ARC). You can view the original resource and any updates on ASAP’s website here: https://help.asylumadvocacy.org/faqs-general-orientation/
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