Congressional Research Service Reports - 771 Matching Results

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District Court Temporarily Blocks Implementation of Asylum Restrictions on Unlawful Entrants at the Southern Border: This report discusses the Temporary Restraining Order (TRO) barring the Trump Administration from implementing new asylum restrictions. The asylum restrictions were prompted by reports of a "migrant caravan" traveling through Mexico to the southern border of the United States.
The Venezuela Regional Migration Crisis: This report discusses the deteriorating humanitarian situation in Venezuela, which has elevated congressional concerns about the country. Venezuela remains in a deep political and economic crisis under the authoritarian rule of President Nicolás Maduro.
Immigration: "Recalcitrant" Countries and the Use of Visa Sanctions to Encourage Cooperation with Alien Removals: This report discusses the use of visa sanctions by the Trump Administration, past uses of visa sanctions, and alternatives to visa sanctions to encourage countries to comply with repatriation of their citizens.
The Global Compact on Migration (GCM) and U.S. Policy: This report discusses the United Nations' Global Compact on Safe, Orderly and Regular Migration (GCM) and the Trump Administration's withdrawal of the United States from the GCM negotiations.
Asylum and Related Protections for Aliens Who Fear Gang and Domestic Violence: This report examines asylum claims with specific focus on gang and domestic violence. It provides background on the topic and also outlines the U.S. Attorney General's decision in "Matter of A-B-," as well as recent guidance from the U.S. Department of Homeland Security's (DHS's) U.S. Citizenship and Immigration Services (USCIS) in light of that ruling.
Temporary Protected Status: Overview and Current Issues: This report describes Temporary Protected Status (TPS) in the context of humanitarian responses to migration and also briefly describes one alternative -- Deferred Enforced Departure (DED) -- including the historical use of these mechanisms. It also provides data on the countries currently designated for TPS, outlines past legislation to provide lawful permanent resident status to certain TPS-designated foreign nationals, and provides examples of activity in the 115th Congress related to TPS.
Immigration: Frequently Asked Questions about "Public Charge": This report provides answers to frequently-asked questions about current public charge policy, including the sources of laws that govern public charge determinations, who is subject to determinations, factors that are considered in determinations, and the consequences of determinations.
Expedited Removal of Aliens: Legal Framework: This report provides an overview of the statutory and regulatory framework that governs expedited removal of aliens under INA Section 235(b)(1) and exceptions to expedited removal -- including provisions to seek review of an asylum claim. Finally, the report addresses the scope of judicial review, some of the legal challenges that have been raised to the expedited removal process, and potential legal issues that may arise if expedited removal were expanded to cover additional categories of aliens present in the United States.
The "Flores Settlement" and Alien Families Apprehended at the U.S. Border: Frequently Asked Questions: This report answers frequently asked legal questions pertaining to the Flores Settlement and the it's impact on the detention of alien families apprehended at or near the U.S. border. In particular, the report addresses (1) background of the litigation, (2) how the Settlement restricts DHS's power to keep families in detention, (3) the relationship between the Ms. L. litigation and the Settlement, (4) the executive branch's policy options under the Settlement, (5) proposed rulemaking for implementation, and (6) the extent to which either the executive branch or Congress can override or modify the terms of the Settlement.
The "Flores Settlement" and Alien Families Apprehended at the U.S. Border: Frequently Asked Questions: This report answers frequently asked legal questions pertaining to the Flores Settlement and the settlement's impact on the detention of alien families apprehended at or near the U.S. border. In particular, the report addresses (1) background of the litigation, (2) how the Settlement restricts DHS's power to keep families in detention, (3) the relationship between the Ms. L. litigation and the Settlement, (4) the executive branch's policy options under the Settlement, and (5) the extent to which either the executive branch or Congress can override or modify the terms of the Flores Settlement.
Family Separation at the Border and the Ms. L. Litigation: This report explores the underlying policies resulting in family separation, the due process issues arguably implicated by these policies, and the political and judicial processes invoked to tackle the issue of family separation.
History of Use of U.S. Military Bases to House Immigrants and Refugees: This report discusses the use of Goodfellow Air Force Base and Fort Bliss, both in Texas, to house migrant families trying to cross the border, as well as the historical use of military bases to house immigrants and refugees.
Migrant Labor Law and Relations: Selected References, 1960-1969: This report is a bibliography concerning migrant labor in the United States
UPDATE: Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis: This report is an update to a February 2, 2018 report discussing Temporary Protected Status (TPS) designations and answering questions regarding the recent termination of TPS for El Salvador, Nicaragua, Haiti, and Sudan. The update discusses the termination of TPS for Nepal and Honduras.
Mexico's Immigration Control Efforts: This report discusses the surge in unauthorized migration from Central America into Mexico and the U.S that began in 2014. Topics covered include Mexico's southern border plan, human rights concerns, and U.S. policy and developments under the Trump Administration.
The Trump Administration's "Zero Tolerance" Immigration Enforcement Policy: This report briefly reviews the statutory authority for prosecuting persons who enter the United States illegally between U.S. ports of entry, and the policies and procedures for processing apprehended illegal border entrants and any accompanying children. It explains enforcement policies in the past and then discusses the Trump Administration's zero tolerance policy on illegal border crossers and the attendant family separations. The report concludes by presenting varied policy perspectives on the zero-tolerance policy and briefly reviews recent related congressional activity. An appendix examines recent trends in the apprehension of family units at the U.S. southern border.
An Overview of U.S. Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border: This report discusses U.S. immigration law as it relates to the Trump Administration's zero tolerance policy to criminally prosecute migrants who unlawfully enter the United States at the southern border; a policy which has led to the separation of children from parents awaiting prosecution for unlawful entry.
Expedited Citizenship through Military Service: This report discusses current law and policy regarding naturalization based on military service, controversy over deportation of veterans, and current legislative proposals.
A Primer on U.S. Immigration Policy: This report provides a broad overview of U.S. immigration policy. The first section addresses policies governing how foreign nationals enter the United States either to reside permanently or to stay temporarily. The second section discusses enforcement policies for excluding foreign nationals from admission into the United States, as well as for detaining and removing those who enter the country unlawfully or who enter lawfully but subsequently commit crimes that make them deportable. The third section addresses policies for unauthorized aliens residing in the United States.
U.S. Family-Based Immigration Policy: This report discusses family based immigration law and policy and arguments for expanding or restricting family-based immigration numbers.
The H-2B Visa and the Statutory Cap: In Brief: This report discusses H-2B visas for temporary non-agricultural workers and the statutory cap on the number issued each year along with recent extensions of the cap number due to high-demand from U.S. employers.
Temporary Protected Status: Overview and Current Issues: This report discusses Temporary Protected Status (TPS) and the current countries with the status. The ongoing debate regarding whether TPS recipients should receive a pathway to legal permanent residency is also discussed. The report concludes with examples of activity in the 115th Congress related to TPS.
District Court Enjoins DACA Phase-Out: Explanation and Takeaways: This report discusses the case of "Regents of University of California v. U.S. Department of Homeland Security" and the district court ruling which limits the DACA phase-out to aliens not yet enrolled in DACA.
An Overview of Discretionary Reprieves from Removal: Deferred Action, DACA, TPS, and Others: This report provides an overview of the various deferred action immigration programs in the U.S. (DACA, TPS, etc.) and their various regulations and protections.
Work Authorization for H-4 Spouses of H-1B Temporary Workers: Frequently Asked Questions: This report provides answers to frequently asked questions about work authorization for H-4 visa holders (visas for spouses and unmarried children under 21 of H-1B visa holders).
Would it Violate Equal Protection to Prohibit Naturalized "Dreamers: from Sponsoring Their Parents for Immigrant Visas?: This report discusses the question of whether "Dreamers" who were given a pathway to citizenship and became naturalized citizens could sponsor their parents for immigration visas in the same way any other U.S. citizen could. Case law and various considerations which could affect such a decision are discussed.
District Court Enjoins DACA Phase-out: Explanation and Takeaways: This report is an update of a previous report regarding DACA's phase-out and discusses court injunctions preventing the the phase-out of DACA benefits for those already enrolled and a decision by a Maryland federal court which prevents the Department of Homeland Security (DHS) from using personal information found in DACA applications for law enforcement purposes except by permission of the court in uses needed for national security, public safety, or the public interest.
District Court Decision May Help Pave the Way for Trump Administration's Border Wall Plans: This report discusses the U.S. District for the Southern District of California's recent decision in a case brought by the State of California against the Department of Homeland Security (DHS) regarding DHS's right to waive environmental and other administrative laws for border fence building projects. The court agreed with other court rulings on the issue and affirmed DHS's right to waive the laws.
Can Aliens in Immigration Proceedings Be Detained Indefinitely?: High Court Rules on Statutory, but not Constitutional Authority: This report discusses the Supreme Court's ruling in the case of "Jennings vs. Rodriguez" which dealt with whether immigrant aliens could be detained indefinitely. The court ruled that the aliens could be held indefinitely without a bond hearing under statutory law but left the constitutionality of the action open for future interpretation.
Overview of "Travel Ban" Litigation and Recent Developments: This report is an update of an earlier report regarding the "travel ban" litigation going through the courts and includes President Trump's April 10th,2018, executive order lifting travel restrictions on nationals of Chad.
Unauthorized Childhood Arrivals: Legislative Activity in the 115th Congress: This report provides a summary of proposed legislation in the Senate regarding unauthorized childhood arrivals and DACA recipients in the United States and discusses some of the major issues surrounding the topic.
Diversity Immigrants' Regions and Countries of Origin: Fact Sheet: This report provides data on the regional and national origins of diversity immigrants (DV immigrants) and how they have shifted over time.
Immigration Consequences of Criminal Activity: This report identifies the major criminal grounds that may bar an alien from being admitted into the United States or render an alien within the country removable. The report also discusses additional immigration consequences of criminal activity, including those that make an alien ineligible for certain relief from removal, including cancellation of removal, voluntary departure, withholding of removal, and asylum. The report also addresses the criminal grounds that render an alien ineligible to adjust to lawful permanent resident (LPR) status, as well as those grounds barring LPRs from naturalizing as U.S. citizens. The report also discusses the scope of several general criminal categories referenced by the INA, including "crimes involving moral turpitude," "aggravated felonies," and "crimes of violence."
Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis: This report discusses Temporary Protected Status (TPS) designations and answers questions regarding the recent termination of TPS for those from El Salvador, Nicaragua, Haiti, and Sudan.
Overview of "Travel Ban" Litigation and Recent Developments: This report provides an overview of the series of executive actions (the first two taking the form of executive orders, and the third issued as a presidential proclamation) commonly referred to as the "Travel Ban," which restrict the entry of specified categories of non-U.S. nationals (aliens) into the United States, and the litigation related to those executive actions. It also addresses a fourth and more recent executive action--an executive order issued on October 24, 2017--which announced the general resumption of refugee admissions into the United States (subject to certain restrictions) following the expiration of a temporary suspension on such admissions.
The Application of the "One Central Reason: Standard in Asylum and Withholding of Removal Cases: This report discusses asylum and withholding of removal immigration cases, and the application of the "one central reason" rule which dictates that asylum claimants demonstrate that an approved persecution grounds is one of the central reason they are claiming asylum. The same standard has been used in withholding of removal claim cases but a recent ruling by the U.S. Ninth Circuit Court stated that the "one central reason" rule does not apply to withholding of removal cases creating a split in opinion among courts.
The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 1): This report is the first in a two-part series discussing "Garza v. Hargan", a decision by the U.S. Court of Appeals for the D.C. Circuit involving a detained unaccompanied alien minor and the right to terminate a pregnancy. The facts of the case and a discussion of the court's decision and whether the Health and Human Services Department policy regarding abortions unduly burdens a woman's right to an abortion is discussed.
Refugee Admissions and Resettlement Policy: This report discusses the refugee admissions process and refugee number caps for the 2018 fiscal year. For FY2018, the worldwide refugee ceiling is 45,000. The FY2018 regional allocations are, as follows: Africa (19,000), East Asia (5,000), Europe and Central Asia (2,000), Latin America/Caribbean (1,500), and Near East/South Asia (17,500). Refugee admissions in FY2017 totaled 53,716.
Temporary Protected Status: Overview and Current Issues: This report discusses Temporary Protected Status (TPS) which is offered to nationals of designated countries who due to civil unrest, natural disasters, and armed conflicts cannot safely return home. This report begins by situating TPS in the context of humanitarian responses to migration. Another form of blanket relief from removal--Deferred Enforced Departure (DED)--is also described, as is the historical use of these relief mechanisms. The report then provides data on the countries currently designated for TPS, including the conditions that have contributed to their designation. Past legislation to provide lawful permanent resident status to certain TPS-designated foreign nationals is also described, and the report concludes with examples of activity in the 115th Congress related to TPS.
Update: What Constitutes "Sexual Abuse of a Minor" For Immigration Purposes: This report provides an update of an earlier report from April 6, 2017, providing the final decision by the Supreme Court in the case of "Esquivel-Quintana v. Sessions". The case concerned the question of whether an immigrant alien who was convicted of sexual abuse of a minor where the minor was under 18 but at least 16 (in this case statutory rape in California between a 21 year old male and a 17 year female) was removable for an aggravated felony under immigration law. The Supreme Court ruled that the immigration law required the victim be under 16 before the removal of an alien for an aggravated felony would be allowable.
Diversity Immigrant Visa Program: This report discuses the Diversity Immigrant Visa program (DV) which is a lottery system that makes 50,000 visas available annually to immigrants from countries who had sent less than 50,000 immigrants to the U.S. over the last five years. Eligibility, the application and admission process, statistics on places of origin, and legislative proposals are discussed.
A Primer on U.S. Immigration Policy: This report provides a broad overview of U.S. immigration policy. The first section addresses policies governing how foreign nationals enter the United States either to reside permanently or to stay temporarily. Related topics within this section include visa issuance and security, forms of quasi-legal status, and naturalization. The second section discusses enforcement policies both for excluding foreign nationals from admission into the United States, as well as for detaining and removing those who enter the country unlawfully or who enter lawfully but subsequently commit crimes that make them deportable. The section also covers worksite enforcement and immigration fraud. The third section addresses policies for unauthorized aliens residing in the United States.
H-2A and H-2B Temporary Worker Visas: Policy and Related Issues: This report covers the H-2A agricultural guest worker program and the H-2B nonagricultural guest worker program. It explores the statutory and regulatory provisions that govern each program, focusing in particular on the much-debated labor certification process. It discusses past and present legislative efforts to reform the H-2A and H-2B programs and to create new guest worker visas, and identifies and analyzes key policy considerations to help inform future congressional action.
The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 2): This report is the secondt in a two-part series discussing "Garza v. Hargan", a decision by the U.S. Court of Appeals for the D.C. Circuit involving a detained unaccompanied alien minor and the right to terminate a pregnancy. Debate among judges regarding the right of an unaccompanied alien minor to have an abortion when the minor was detained at the border and technically never formally entered the United States are discussed.
Plan to Restrict Federal Grants to "Sanctuary Jurisdictions" Raises Legal Questions: This report provides a description of Executive Order (EO) 13768 "Enhancing Public Safety in the Interior of the United States" issued on January 25, 2017 by President Trump. It highlights, in particular, potential questions about how the EO could be construed in regard to "sanctuary cities" and briefly discusses the claims made by those jurisdictions challenging the EO.
Immigration Officer's Authority to Apprehend and Remove Aliens: Questions and Answers in Brief: This report provides brief answers to some of the questions regarding immigration agents' authority to apprehend and remove aliens; these questions were raised by reports that U.S. Immigration and Customs Enforcement (ICE) agents conducted enforcement actions in at least six states during the week of February 6, 2017.
Rescission of the Wet-Foot/Dry-Foot Policy as to Aliens from Cuba Raises Legal Questions: This report provides answers to frequently asked questions about the legal implications of the Obama Administration's changes in policy as to Cuban citizens and nationals with the announcement of the rescission of the wet-foot/dry-foot immigration policy.
Overview of the Federal Government's Power to Exclude Aliens: This report provides an overview of the legislative and executive powers to exclude aliens. First, the report discusses a gatekeeping legal principle that frames those powers: nonresident aliens outside the United States cannot challenge their exclusion from the country. Second, the report analyzes the extent to which the constitutional and statutory rights of U.S. citizens limit the exclusion power under the "facially legitimate and bona fide" test of Kleindienst v. Mandel. The report concludes with a case study. The report applies the principles of the Supreme Court's immigration jurisprudence to the two primary claims that U.S. persons and entities have pressed against the President's revised executive order in the "Travel Ban" litigation: (1) that the revised order violates the Establishment Clause; and (2) that the revised order violates the Immigration and Nationality Act (INA).
Unauthorized Childhood Arrivals: Legislative Options: This report discusses bills proposed in Congress that either would provide temporary protection from removal or paths to citizenship for Deferred Action for Childhood Arrivals (DACA) recipients in the wake of the announcement of the phasing out of the DACA program.
Alien Registration Requirements: Obama Administration Removes Certain Regulations, but Underlying Statutory Authority Remains: This report briefly surveys the legal authorities that underlay the implementation of the National Security Entry-Exit Registration System (NSEERS), as well as the authorities that remain available to the Executive notwithstanding the recent rule change by President Obama on December 23, 2016 which removed the regulations for the system.

Congressional Research Service Reports - 771 Matching Results

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