On April 23, 2010, Arizona enacted S.B. 1070, which is designed to discourage and deter the entry or presence of aliens who lack lawful status under federal immigration law. This report discusses this piece of legislation and some of the notable preemption issues raised by its provisions. Where relevant, it examines the district court's ruling that the federal government is likely to succeed on the merits of its arguments that certain sections of S.B. 1070 are preempted by federal law. It also discusses other preemption issues potentially raised by S.B. 1070 or similar legislation, including some issues that were not expressly addressed by the district court in its preliminary ruling.
This report discusses S.B. 1070 and some of the notable preemption issues raised by some of its provisions. Where relevant, it examines the district court's ruling that the federal government is likely to succeed on the merits of its arguments that certain sections of S.B. 1070 are preempted by federal law. It also discusses other preemption issues potentially raised by S.B. 1070 or similar legislation, including some issues that were not expressly addressed by the district court in its preliminary ruling.
In recent years, multiple bills have been introduced in Congress to provide relief to unauthorized alien students. In most cases, these bills have proposed to repeal the 1996 provision and enable certain unauthorized alien students to adjust to legal permanent resident (LPR) status in the United States. These bills have often been entitled the Development, Relief, and Education for Alien Minors Act, or the DREAM Act. This report discusses the background and debate surrounding "Dream Act" legislation in the 110th and 111th Congress.
This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
This report discusses the history of the qualifications clause in the Federal Convention of 1787, the Common Law meaning of the term "Natural Born" citizen or subject, and common understanding in 18th Century of the term "Natural Born" citizen.
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.
This report deals with the four major federal means-tested benefit programs: the Supplemental Nutrition Assistance Program (SNAP, formerly food stamps), the Supplemental Security Income (SSI) program, Temporary Assistance for Needy Families (TANF) block grant programs, and Medicaid. It is organized into four main parts: an overview of existing eligibility law for the four programs and the policies that preceded the 1996 act; an overview of related immigrant policies affecting eligibility (specifically, the treatment of sponsored aliens); an analysis of trends in noncitizen poverty and benefit use; and a summary of the eligibility rules for aliens residing in the United States illegally.
This report addresses the current policy on immigration visa issuances and options for reassigning this function to the proposed Department of Homeland Security (DHS). It opens with an overview of visa issuances, with sections on procedures for aliens coming to live in the United States permanently and on procedures for aliens admitted for temporary stays. An analysis of the grounds for excluding aliens follows. The report summarizes the debate on transferring visa issuance policy functions to homeland security and concludes with a discussion of the legislative proposals to reassign the visa issuance activities and to revise visa issuance policies.
This report is a chart book of selected immigration trends. Key immigration issues that Congress has considered in recent years include increased border security and immigration enforcement, expanded employment eligibility verification, reforms to the system for legal temporary and permanent immigration, and options to address the millions of unauthorized aliens residing in the country.
This report discusses Temporary Protected Status and other forms of blanket relief offered by the United States to aliens who are fleeing and unable to return to dangerous situations abroad. Updated January 14, 2005.
This report is a brief overview of current policies regarding temporatry protected status (TPS), which is relief from removal under the Immigration and Nationality Act (INA). It includes information about humanitarian migrants, temporary protected status, other blanket forms of relief, nationalities receiving protections, and issues with TPS, as well as recent legislation.
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.
The United States is the largest national contributor to international humanitarian assistance programs for refugees. Traditionally, we contribute to refugee appeals both because of our wish to alleviate the suffering of innocent victims and out of concern that refugee flows can lead to instability in countries or regions important to U.S. foreign policy interests.
This report includes a table which provides access to names and contact information for CRS experts on policy concerns relating to border security. Policy areas identified include: mission; border surveillance; foreign cooperation; immigration and foreign visitors; intelligence in border and transportation security; operational functions; trade and imports; and transportation systems.
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.
American agricultural employers have long utilized foreign workers on a temporary basis, regarding them as an important labor resource. At the same time, the relatively low wages and adverse working conditions of such workers have caused them to be viewed as a threat to domestic American workers. Some have argued that foreign guest workers compete unfairly with U.S. workers — both in terms of compensation that they are willing to accept and by making it somewhat more difficult for domestic workers to organize and to bargain with management. To mitigate any “adverse effect”for the domestic workforce, a system of wage floors was developed that applies, variously, both to alien and citizen workers: i.e., the adverse effect wage rate (AEWR). This report deals with one element of immigration (i.e., namely the H-2A workers). It introduces the adverse effect wage rate, it examines the concerns out of which it grew, and it explains at least some of the problems that have been encountered in giving it effect.
The increased presence of foreign students in graduate science and engineering programs and in the scientific workforce has been and continues to be of concern to some in the scientific community. Enrollment of U.S. citizens in graduate science and engineering programs has not kept pace with that of foreign students in those programs. In addition to the number of foreign students in graduate science and engineering programs, a significant number of university faculty in the scientific disciplines are foreign, and foreign doctorates are employed in large numbers by industry. This report explains this issue in detail, as well as probable causes of said incongruity.
The increased presence of foreign students in graduate science and engineering programs and in the scientific workforce has been and continues to be of concern to some in the scientific community. Enrollment of U.S. citizens in graduate science and engineering programs has not kept pace with that of foreign students in those programs. In addition to the number of foreign students in graduate science and engineering programs, a significant number of university faculty in the scientific disciplines are foreign, and foreign doctorates are employed in large numbers by industry. This report examines these issues and discusses their policy implications.
The increased presence of foreign students in graduate science and engineering programs and in the scientific workforce has been and continues to be of concern to some in the scientific community. Enrollment of U.S. citizens in graduate science and engineering programs has not kept pace with that of foreign students in those programs. In addition to the number of foreign students in graduate science and engineering programs, a significant number of university faculty in the scientific disciplines are foreign, and foreign doctorates are employed in large numbers by industry. This report examines these issues and discusses their policy implications.
The annual consideration of appropriations bills by Congress is a part of a complex set of budget processes that also encompasses the consideration of budget resolutions, revenue and debt-limit legislation, other spending measures, and reconciliation bills. This report is a guide to one of the regular appropriations bills that Congress considers each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Homeland Security.
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