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 Resource Type: Report
 Country: United States
 Collection: Congressional Research Service Reports
Immigration Detainers: Legal Issues

Immigration Detainers: Legal Issues

Date: April 24, 2014
Creator: Manuel, Kate M.
Description: This report provides background information regarding the Immigration and Naturalization Service rules and regulations and discusses the "immigration detainer," a document by which U.S. Immigration and Customs Enforcement (ICE) advises other law enforcement agencies that it seeks custody of individual aliens whom these agencies are detaining.
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State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

Date: September 14, 2010
Creator: Manuel, Kate M.; Garcia, Michael John & Eig, Larry M.
Description: 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.
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U.S. Citizenship and Immigration Services' Immigration Fees and Adjudication Costs: Proposed Adjustments and Historical Context

U.S. Citizenship and Immigration Services' Immigration Fees and Adjudication Costs: Proposed Adjustments and Historical Context

Date: July 16, 2010
Creator: Kandel, William A. & Haddal, Chad C.
Description: This report discusses the U.S. Citizenship and Immigration Service's (USCIS) newly proposed fee schedule for immigration services. Issues for Congress to consider might include how USCIS fees have been computed and justified; whether anticipated revenue from revised fees will cover agency costs; how fiscal shortfalls might be funded; and what impact higher fees might have on the applicant pool.
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The Obama Administration's November 2014 Immigration Initiatives: Questions and Answers

The Obama Administration's November 2014 Immigration Initiatives: Questions and Answers

Date: November 24, 2014
Creator: Manuel, Kate M.
Description: On November 20, 2014, President Obama delivered a televised address wherein he broadly described the steps that his administration is taking to "fix" what he has repeatedly described as a "broken immigration system."1 Following the President's address, executive agencies made available intra-agency memoranda and fact sheets detailing specific actions that have already been taken, or will be taken in the future.2 These actions generally involve either border security, the current unlawfully present population, or future legal immigration. This report provides the answers to key legal questions related to the various immigration-related actions announced by the Obama Administration.
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Immigration Detainers: Legal Issues

Immigration Detainers: Legal Issues

Date: October 6, 2014
Creator: Manuel, Kate M.
Description: "This report surveys the various authorities governing immigration detainers, including the standard detainer form (Form I-247) sent by U.S. Immigration and Customs Enforcement (ICE) to other law enforcement agencies. The report also discusses key legal issues raised by immigration detainers, including whether Department of Homeland Security's (DHS's) detainer regulations and practices are beyond its statutory authority; whether states and localities are required to comply with immigration detainers; who has custody of aliens subject to detainers; and whether detainer practices violate aliens' constitutional rights. In considering these topics, it is important to note that Form I-247 and DHS's detainer practices have changed several times since 2010, and that decisions on the merits have not yet been issued in many cases challenging the use of detainers in conjunction with the Secure Communities program" (p. 6).
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U.S. Naturalization Policy

U.S. Naturalization Policy

Date: January 16, 2014
Creator: Kandel, William A.
Description: This report reviews the rights and obligations that come with naturalization. It examines the naturalization process, discusses recent trends regarding who, among the roughly 1 million immigrants entering the United States each year, ultimately becomes a U.S. citizen, and discusses recent naturalization-related policy issues.
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State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation

State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation

Date: December 31, 2014
Creator: Manuel, Kate M.
Description: This report provides an overview of prior and pending challenges by states to federal officials' alleged failure to enforce the Immigration and Nationality Act (INA) or other provisions of immigration law. It begins by discussing the lawsuits filed by six states in the mid-1990s; Arizona's counterclaims to the federal government's suit to enjoin enforcement of S.B. 1070; and Mississippi's challenge to the Deferred Action for Childhood Arrivals (DACA) initiative. It then describes the challenge brought by over 20 states in 2014 to the recently announced expansion of DACA and the creation of a similar program for unlawfully present aliens whose children are U.S. citizens or lawful permanent resident aliens (LPRs). The report concludes by exploring how the pending litigation resembles, and differs from, the prior litigation.
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State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

Date: May 3, 2010
Creator: Garcia, Michael J.; Eig, Larry M. & Kim, Yule
Description: This report discusses the major provisions of S.B.1070, as modified by H.B. 2162, and the legal and constitutional considerations possibly implicated by their implementation. The report focuses primarily on those provisions that require state enforcement of federal immigration law and impose criminal penalties for immigration-related conduct, and discusses preemption issues that might be raised by these measures.
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Border Security: Immigration Inspections at Ports of Entry

Border Security: Immigration Inspections at Ports of Entry

Date: October 31, 2014
Creator: Seghetti, Lisa
Description: This report reviews the legislative history of immigration inspections requirements and the entry-exit system. The report then describes the implementation of these provisions, including pre-travel screening, primary and secondary inspections, trusted traveler programs, outbound enforcement, and the entry-exit system. The final section of the report identifies a number of issues for Congress related to immigration admissions and enforcement at POEs.
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Visa Issuances: Policy, Issues, and Legislation

Visa Issuances: Policy, Issues, and Legislation

Date: January 24, 2008
Creator: Wasem, Ruth Ellen
Description: This report 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. It includes a discussion of visa screening policies, including inadmissibility, databases, an analysis of visa refusals, biometric visas and other major visa policy procedures. The final section analyzes selected issues in the 110th Congress, notably new technologies, impact on travel and commerce, and security concerns.
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