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

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 … more
Date: December 31, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

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.
Date: May 3, 2010
Creator: Garcia, Michael J.; Eig, Larry M. & Kim, Yule
Partner: UNT Libraries Government Documents Department
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U.S. Naturalization Policy

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.
Date: January 16, 2014
Creator: Kandel, William A.
Partner: UNT Libraries Government Documents Department
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Immigration Detainers: Legal Issues

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 deta… more
Date: October 6, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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Immigration Detainers: Legal Issues

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.
Date: April 24, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

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 prelimi… more
Date: September 14, 2010
Creator: Manuel, Kate M.; Garcia, Michael John & Eig, Larry M.
Partner: UNT Libraries Government Documents Department
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Immigration-Related Document Fraud: Overview of Civil, Criminal, and Immigration Consequences

Description: This report discusses the primary civil, criminal, and immigration-related penalties associated with immigration-related document fraud. In order to enter or remain in the United States and be eligible for various immigration-related benefits, non-citizens (aliens) must comply with a number of document requirements under the Immigration and Nationality Act (INA).
Date: January 23, 2009
Creator: Kim, Yule & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department
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Immigration Detainers: Legal Issues

Description: An "immigration detainer" is a document by which U.S. Immigration and Customs Enforcement (ICE) advises other law enforcement agencies of its interest in individual aliens whom these agencies are detaining. This report surveys the various authorities governing immigration detainers, including the standard detainer form (Form I-247) sent by ICE to other law enforcement agencies. The report also discusses key legal issues raised by immigration detainers.
Date: May 7, 2015
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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The Obama Administration's November 2014 Immigration Initiatives: Questions and Answers

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 pres… more
Date: November 24, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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Immigration: Analysis of the Major Provisions of H.R. 418, the REAL ID Act of 2005

Description: The 109th Congress is considering several issues carried over from the 108th Congress related to immigration enforcement and identification-document security. This report analyzes the major provisions of House-passed H.R. 418, the REAL ID Act of 2005. It describes relevant current law relating to immigration and document-security matters, how House-passed H.R. 418 would alter current law if enacted, and the degree to which the bill duplicates existing law.
Date: February 16, 2005
Creator: Garcia, Michael J.; Lee, Margaret M. & Tatelman, Todd
Partner: UNT Libraries Government Documents Department
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Unaccompanied Alien Children: Potential Factors Contributing to Recent Immigration

Description: This report begins by describing the recent surge in unaccompanied child apprehensions. It discusses several factors widely associated with out-migration from El Salvador, Guatemala, and Honduras. The report then discusses three broad factors that may be attracting migrants to the United States: economic and educational opportunity, family reunification, and U.S. immigration policies. It concludes with caveats on the attribution of causes to this situation.
Date: July 3, 2014
Creator: Kandel, William A.; Bruno, Andorra; Meyer, Peter J.; Seelke, Clare Ribando; Taft-Morales, Maureen & Wasem, Ruth Ellen
Partner: UNT Libraries Government Documents Department
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Iraqi and Afghan Special Immigrant Visa Programs

Description: This report analyzes the special immigrant visas (SIVs) classifications for Iraqis and Afghans within the context of both the larger INA special immigrant category and selected other permanent admissions categories. It discusses the legislative changes to the individual Iraqi and Afghan special immigrant programs since their initial authorization, provides statistics on visa issuances, and considers challenges that have faced the programs.
Date: January 20, 2015
Creator: Bruno, Andorra
Partner: UNT Libraries Government Documents Department
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Iraqi and Afghan Special Immigrant Visa Programs

Description: This report analyzes the special immigrant visa (SIV) classifications for Iraqis and Afghans within the context of both the larger Immigration and Nationality Act (INA) special immigrant category and selected other permanent admissions categories. It discusses the legislative changes to the individual Iraqi and Afghan special immigrant programs since their initial authorization, provides statistics on visa issuance, and considers challenges facing the programs today.
Date: September 12, 2014
Creator: Bruno, Andorra
Partner: UNT Libraries Government Documents Department
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Special Immigrant Juveniles: In Brief

Description: This report provides a brief explanation of the statutory basis of special immigrant juvenile (SIJ) status and how it has evolved. It also presents statistics on the number of children who have applied for and received SIJ status since FY2005. The report concludes with a discussion of the applicability of SIJ status for unaccompanied alien children.
Date: August 29, 2014
Creator: Wasem, Ruth Ellen
Partner: UNT Libraries Government Documents Department
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Iraqi and Afghan Special Immigrant Visa Programs

Description: This report analyzes the special immigrant visas (SIVs) classifications for Iraqis and Afghans within the context of both the larger INA special immigrant category and selected other permanent admissions categories. It discusses the legislative changes to the individual Iraqi and Afghan special immigrant programs since their initial authorization, provides statistics on visa issuances, and considers challenges that have faced the programs.
Date: February 26, 2016
Creator: Bruno, Andorra
Partner: UNT Libraries Government Documents Department
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Legal Ethics in Immigration Matters: Legal Representation and Unauthorized Practice of Law

Description: Report regarding recent issues in which the Executive Office of Immigration Review (EOIR), the U.S. Citizenship and Immigration Services (USCIS), and various state attorneys general have taken action to address the problems posed by unethical conduct by immigration attorneys and by persons posing as immigration attorneys, such as so-called "notarios" and other immigration consultants.
Date: September 18, 2009
Creator: Lee, Margaret Mikyung
Partner: UNT Libraries Government Documents Department
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The Immigration and Nationality Act: Questions and Answers

Description: The basic United States law governing immigration and naturalization is contained in the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1101 -- et seq.). This report provides questions and answers to explain the way in which the Immigration and Nationality Act as amended through 1981 regulates the entry of aliens for permanent and temporary residence in the United States, and other major provisions of the law. Emphasis is placed on subjects which have been of particular interest … more
Date: March 11, 1982
Creator: Vialet, Joyce
Partner: UNT Libraries Government Documents Department
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Immigration-Related Worksite Enforcement: Performance Measures

Description: This report discusses the Department of Homeland Security's (DHS) U.S. Immigration and Customs Enforcement (ICE) responsibilities in regard to immigration-related worksite enforcement, or enforcement of the prohibitions on unauthorized employment in Section 274A of the Immigration and Nationality Act (INA). The INA §274A provisions, sometimes referred to as employer sanctions, make it unlawful for an employer to knowingly hire, recruit or refer for a fee, or continue to employ an alien who is n… more
Date: August 7, 2013
Creator: Bruno, Andorra
Partner: UNT Libraries Government Documents Department
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Temporary Protected Status: Current Immigration Policy and Issues

Description: When civil unrest, violence, or natural disasters erupt in spots around the world, concerns arise over the safety of nationals from these troubled places who are in the United States. This report discusses provisions that exist in the Immigration and Nationality Act (INA) to offer temporary protected status (TPS) or relief from removal under specified circumstances. The United States currently provides TPS to nationals from seven countries: Burundi, El Salvador, Honduras, Liberia, Nicaragua, So… more
Date: September 18, 2008
Creator: Wasem, Ruth Ellen & Ester, Karma
Partner: UNT Libraries Government Documents Department
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Immigration: The New Affidavit of Support—Questions, Answers, and Issues

Description: This report summarizes the new affidavit of support form, that is required by 1996 immigration legislation. It reviews the new requirements and changes made to new affidavit about immigration sponsorship.
Date: December 15, 1997
Creator: Vialet, Joyce C.
Partner: UNT Libraries Government Documents Department
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Numerical Limits on Employment-Based Immigration: Analysis of the Per-Country Ceilings

Description: The report opens with brief explanations of the employment-based preference categories and the per-country ceilings governing annual admissions of LPRs. The focus is on the major employment-based preference categories. The report continues with a statistical analysis of the pending caseload of approved employment-based LPR petitions.
Date: December 6, 2011
Creator: Wasem, Ruth Ellen
Partner: UNT Libraries Government Documents Department
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U.S. Immigration Policy on Haitian Migrants

Description: The environmental, social, and political conditions in Haiti have long prompted congressional interest in U.S. policy on Haitian migrants, particularly those attempting to reach the United States by boat. While some observers assert that such arrivals by Haitians are a breach in border security, others maintain that these Haitians are asylum seekers following a decades old practice of Haitians coming by boat without legal immigration documents. Migrant interdiction and mandatory detention are k… more
Date: May 17, 2011
Creator: Wasem, Ruth Ellen
Partner: UNT Libraries Government Documents Department
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U.S. Immigration Policy on Haitian Migrants

Description: This report examines U.S. immigration policy regarding Haitian migrants. The environmental, social, and political conditions in Haiti have long prompted congressional interest in U.S. policy on Haitian migrants, particularly those attempting to reach the United States surreptitiously by boat. While some observers assert that such arrivals by Haitians are a breach in border security, others maintain that these Haitians are asylum seekers following a 30-year practice of Haitians coming by boat wi… more
Date: January 22, 2007
Creator: Wasem, Ruth Ellen
Partner: UNT Libraries Government Documents Department
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