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Immigration: Policy Considerations Related to Guest Worker Programs
This report discusses of guest worker programs that takes place against a backdrop of historically high levels of unauthorized migration to the United States.
U.S. Immigration Policy on Permanent Admissions
No Description Available.
The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens
No Description Available.
Social Security: Alien Beneficiaries
Mounting concern about the payment of social security Benefits to aliens living abroad resulted in the enactment of legislation this year adding new restrictions on the payment of benefits to certain aliens, P.L. 98-21.
Refugee Act Reauthorization: Admissions and Resettlement Issues
The authorization for Federal refugee resettlement assistance provided by the Refugee Act of 1980 expires Sept. 30, 1983. The 97th Congress had extended this assistance authority for one year only pending a more thorough review of the entire Refugee Act including its admissions provisions. Admissions issues that have been of interest to Congress include the role of Congress and the executive branch in establishing annual numerical limits on refugee admissions, and the interpretation of the definition of a refugee. A new block grant refugee assistance program proposed by the Reagan The administration was addressed in hearings on the reauthorization of resettlement assistance; other continuing concerns are refugee dependency on cash assistance and the geographic distribution of refugees in the United states.
Immigration Issues and Legislation in the 98th Congress
This report discusses Immigration reform, which continues to be of concern in the '96th Congress, and legislation has been moving quickly. Specific issues include illegal immigration, temporary workers, legalization, asylum adjudications, and legal immigration. The legislation under consideration is the Immigration Reform and Control Act of 1983, popularly referred to as the Simpson-Mazzoli bill, introduced in the House and Senate on Feb, 17, 1983 as H.R. 1510 and S. 529.
Border Security and Military Support: Legal Authorizations and Restrictions
The military generally provides support to law enforcement and immigration authorities along the southern border. Reported escalations in violence and illegal immigration, however, have prompted some lawmakers to reevaluate the extent and type of military support that occurs in the border region. President Bush has reportedly announced an interest in sending National Guard troops to support the Border Patrol. Addressing domestic laws and activities with the military, however, might run afoul of the Posse Comitatus Act, which prohibits use of the armed forces to perform the tasks of civilian law enforcement unless explicitly authorized. There are alternative legal authorities for deploying the National Guard, and the precise scope of permitted activities and funds may vary with the authority exercised. This report will be updated as warranted.
Border Security and Military Support: Legal Authorizations and Restrictions
The military generally provides support to law enforcement and immigration authorities along the southern border. Reported escalations in violence and illegal immigration, however, have prompted some lawmakers to reevaluate the extent and type of military support that occurs in the border region. President Bush has reportedly announced an interest in sending National Guard troops to support the Border Patrol. Addressing domestic laws and activities with the military, however, might run afoul of the Posse Comitatus Act, which prohibits use of the armed forces to perform the tasks of civilian law enforcement unless explicitly authorized. There are alternative legal authorities for deploying the National Guard, and the precise scope of permitted activities and funds may vary with the authority exercised.
Immigration Related Border Security Legislation in the 109th Congress
This report is organized to reflect the main border security issues relating to the movement of people into the country, as indicated by the legislation currently pending in the 109th Congress.
U.S. Citizenship of Persons Born in the United States to Alien Parents
Over the last decade or so, concern about illegal immigration has sporadically led to a re-examination of a long-established tenet of U.S. citizenship, codified in the Fourteenth Amendment of the U.S. Constitution and §301(a) of the Immigration and Nationality Act (INA) (8 U.S.C. §1401(a)), that a person who is born in the United States, subject to its jurisdiction, is a citizen of the United States regardless of the race, ethnicity, or alienage of the parents. The war on terror and the case of Yaser Esam Hamdi, a U.S.-Saudi dual national captured in Afghanistan fighting with Taliban forces, further heightened attention and interest in restricting automatic birthright citizenship, after the revelation that Hamdi was a U.S. citizen by birth in Louisiana to parents who were Saudi nationals in the United States on non-immigrant work visas and arguably entitled to rights not available to foreign enemy combatants.
Immigration Legislation Issues in the 109th Congress
While immigration reform proposals remain pending, Congress has enacted limited provisions on temporary and permanent employment-based immigration as part of P.L. 109-13. It also has enacted legislation concerning alien victims of domestic violence, trafficking in persons, and refugees. This report discusses these and other immigration-related issues that have seen legislative action or are of significant congressional interest. DHS appropriations and immigration legislation related to Hurricane Katrina are covered in other products and are not discussed here. The final section of the report lists enacted legislation and selected bills receiving action.
Immigration Policy on Expedited Removal of Aliens
This report discusses immigration policy and expedited removal, an immigration enforcement strategy originally conceived to operate at the borders and ports of entry, recently has been expanded in certain border regions.
U.S. Immigration Policy on Permanent Admissions
When President George W. Bush announced his principles for immigration reform in January 2004, he included an increase in permanent immigration as a key component. President Bush has stated that immigration reform is a top priority of his second term and has prompted a lively debate on the issue. Bills to revise permanent admissions are being introduced, but only one has had legislative action thus far in the 109th Congress. A provision in P.L. 109-13 (H.R. 1268, the emergency FY2005 supplemental appropriation) makes up to 50,000 employment-based visas available for foreign nationals coming to work as medical professionals.
Civilian Patrols Along the Border: Legal and Policy Issues
This report opens with a discussion on the federal authority to enforce immigration law at the border and some U.S. Border Patrol operations that have affected illegal migration patterns along the southwest border. Next, the report provides a history of civilian border patrol groups, with a particular focus on the “Minuteman Project” and other groups operating along the southwest border. It then highlights issues of authority that might arise, and includes, as an appendix, a table that sets forth various state laws that may be useful to civilians performing immigration-related enforcement activities. The report also addresses some of the legal and policy issues, as mentioned above, that have surfaced from civilian involvement in immigration enforcement at the border. The report concludes with summaries of legislation introduced in the 109th Congress that address the use of civilian border patrols.
Cuban Migration Policy and Issues
Many of the issues surrounding Cuban migration are unique but not new. Normal immigration from Cuba has been elusive since Fidel Castro came to power. Over the past 40 years, the practice of Cubans fleeing by boat to the United States has become commonplace, and at some points reached the levels of a mass exodus. Since the last upsurge of “boat people” in the mid-1990s, the United States and Cuba worked toward establishing safe, legal immigration, which include returning migrants interdicted by the U.S. Coast Guard.
Farm Labor: The Adverse Effect Wage Rate (AEWR)
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.
Fruits, Vegetables, and Other Specialty Crops: A Primer on Government Programs
U.S. farmers grow more than 250 types of fruit, vegetable, tree nut, flower, ornamental nursery, and turfgrass crops in addition to the major bulk commodity crops. Although specialty crops are ineligible for the federal commodity price and income support programs, they are eligible for other types of U.S. Department of Agriculture (USDA) support, such as crop insurance, disaster assistance, and, under certain conditions, ad hoc market loss assistance payments. This report describes the federal programs of importance to the specialty crop sector, and provides the most recent funding information available for them.
Immigration Enforcement within the United States
This report provides an analysis of immigration enforcement within the United States. The report opens with a definition of immigration enforcement, a discussion of the statutory authority to conduct immigration enforcement, and an overview of immigration enforcement related legislation since 1986. It follows with an exposition on the dichotomy of interior and border enforcement. The report then details different aspects of immigration enforcement in the United States including detention and removal, alien smuggling and trafficking, document and benefit fraud, worksite enforcement, inspections at ports of entry, and patrolling the border between ports of entry. The report continues with a discussion of the role of state and local law enforcement in the enforcement of immigration laws. The report then presents a comparative analysis of the resources devoted to divergent immigration enforcement activities. It concludes with a discussion of crosscutting immigration enforcement issues related to the structure of the Department of Homeland Security.
Immigration Statistics on the Web
Report on immigration statistics from the internet, including selected websites, federal government sources, labor and business data, and more.
Immigration: The Labor Market Effects of a Guest Worker Program for U.S. Farmers
Temporary alien worker programs are meant to assure employers, including growers, of an adequate supply of labor when and where it is needed without adding permanent residents to the U.S. population. Guest worker programs are not supposed to harm the wage and job opportunities of U.S. workers while they alleviate spot labor shortages. President Bush’s proposal of a broad guest worker program has reignited interest in legislation introduced during the 108th Congress that relates specifically to the agricultural industry.
Nonimmigrant Overstays: Brief Synthesis of the Issue
No Description Available.
State Policies on Immigrant Eligibility for Temporary Assistance for Needy Families (TANF)
No Description Available.
Mexico-United States Dialogue on Migration and Border Issues, 2001-2006
This report focuses on the interactions between Mexico and the United States on migration and border issues during the administrations of President George W. Bush and President Vicente Fox of Mexico. The discussions and agreements fall into four areas: (1) the bilateral migration talks, (2) the Partnership for Prosperity, (3) the Border Partnership Agreement, and (4) the trilateral “Security and Prosperity Partnership (SPP) of North America.
Foreign Science and Engineering Presence in U.S. Institutions and the Labor Force
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.
Immigration: Terrorist Grounds for Exclusion and Removal of Aliens
"This report opens with an overview of the grounds for inadmissibility and summarizes key legislation enacted in recent years" (p. i).
Border Security: Barriers Along the U.S. International Border
Congress has been considering expanding the barriers currently deployed along the U.S. international land border. Currently, the United States Border Patrol (USBP) deploys fencing, which aims to impede the illegal entry of individuals, and vehicle barriers, which aim to impede the illegal entry of vehicles (but not individuals) along the border. A number of policy issues concerning border barriers generally and fencing specifically may be of interest to Congress, including, but not limited to: their effectiveness; their costs versus their benefits; their location; their design; and their potential diplomatic ramifications. Prominent bills include House-passed H.R. 4437 and H.R. 6061, and Senate-passed S. 2611, and H.R. 5631.
Immigration Legislation and Issues in the 109th Congress
While major immigration reform proposals remain pending, Congress has enacted limited provisions on temporary and permanent employment-based immigration as part of P.L. 109-13. It also has enacted legislation concerning alien victims of domestic violence, trafficking in persons, and refugees. This report discusses these and other immigration-related issues that have seen legislative action or are of significant congressional interest. DHS appropriations and immigration legislation related to Hurricane Katrina are covered in other products and are not discussed here. The final section of the report lists enacted legislation and selected bills receiving action
Immigration: S Visas for Criminal and Terrorist Informants
This report discusses the legislation making permanent a provision that allows aliens with critical information on criminal or terrorist organizations to come into the United States to provide information to law enforcement officials.
Enforcing Immigration Law: The Role of State and Local Law Enforcement
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.
Immigration Related Border Security Legislation in the 109th Congress
This report is organized to reflect the main border security issues relating to the movement of people into the country, as indicated by the legislation currently pending in the 109th Congress.
Mexico-United States Dialogue on Migration and Border Issues, 2001-2006
This report focuses on the interactions between Mexico and the United States on migration and border issues during the administrations of President George W. Bush and President Vicente Fox of Mexico. The discussions and agreements fall into four areas: (1) the bilateral migration talks, (2) the Partnership for Prosperity, (3) the Border Partnership Agreement, and (4) the trilateral “Security and Prosperity Partnership (SPP) of North America.
Foreign Science and Engineering Presence in U.S. Institutions and the Labor Force
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.
Immigration: Terrorist Grounds for Exclusion and Removal of Aliens
"This report opens with an overview of the grounds for inadmissibility and summarizes key legislation enacted in recent years" (p. i).
Selected Procedural Safeguards in Federal, Military, and International Courts
No Description Available.
Immigration: Terrorist Grounds for Exclusion and Removal of Aliens
"This report opens with an overview of the grounds for inadmissibility and summarizes key legislation enacted in recent years" (p. i).
Foreign Students in the United States: Policies and Legislation
This report examines various issues pertaining to foreign students in the United States. Since the Immigration Act of 1924, the United States has expressly permitted foreign students to study in U.S. institutions. Most foreign students are at least 18 years old and are enrolled in higher education programs. Foreign students are generally considered to enrich cultural diversity of the educational experience for U.S. residents as well as enhance the reputation of U.S. universities as world-class institutions. Concerns have arisen in recent years that have caused Congress to take a new look at the Immigration and Nationality Act (INA) provisions that govern their admission.
Immigration Consequences of Criminal Activity
This report discusses the potential immigration consequences of criminal activity. “Criminal activity” generally refers to conduct for which an alien has been found or plead guilty before a court of law, though in limited circumstances consequences may attach to the commission of a crime or admission of acts constituting the essential elements of a crime. Consequences may flow from violations of either federal, state or, in many circumstances, foreign criminal law. Some federal crimes are set out in the INA itself — alien smuggling, for example. However, not all violations of immigration law are crimes. Notably, being in the U.S. without legal permission — i.e., being an “illegal alien” — is not a crime in and of itself. Thus, for example, an alien who overstays a student visa may be an “illegal alien,” in that the alien may be subject to removal from the U.S., but such an alien is not a “criminal alien.”
Foreign Students in the United States: Policies and Legislation
This report examines various issues pertaining to foreign students in the United States. Since the Immigration Act of 1924, the United States has expressly permitted foreign students to study in U.S. institutions. Most foreign students are at least 18 years old and are enrolled in higher education programs. Foreign students are generally considered to enrich cultural diversity of the educational experience for U.S. residents as well as enhance the reputation of U.S. universities as world-class institutions. Concerns have arisen in recent years that have caused Congress to take a new look at the Immigration and Nationality Act (INA) provisions that govern their admission.
Toward More Effective Immigration Policies: Selected Organizational Issues
No Description Available.
Toward More Effective Immigration Policies: Selected Organizational Issues
No Description Available.
Foreign Science and Engineering Presence in U.S. Institutions and the Labor Force
The scientific community has been divided over proposals to impose stricter immigration limits on people with scientific and technical skills. Attempts to settle upon the balance between the needs for a highly skilled scientific and technical workforce, and the need to protect and ensure job opportunities, salaries, and working conditions of U.S. scientific personnel, will continue to be debated. This report addresses these issues and their implications.
Immigration: Terrorist Grounds for Exclusion of Aliens
This report opens with an overview of the grounds for inadmissibility and summarizes key legislation enacted in recent years. The section on current law explains the legal definitions of "terrorist activity," "terrorist organization," and other security-related grounds for inadmissibility and analyzes the legal implications of these provisions. The report then discusses the alien screening process to identify possible terrorists during the visa issuance process abroad and the inspections process at U.S. ports of entry. Where relevant, the report also discusses how recently enacted legislation affects these matters.
Foreign Science and Engineering Presence in U.S. Institutions and the Labor Force
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.
Foreign Students in the United States: Policies and Legislation
Issues and legislation related to foreign students continue to arise. The funding and English-language competency of foreign students have raised concerns with some universities, advocacy groups, and other observers. Additionally, some recent legislation has focused on attracting foreign students in science, technology, engineering, and mathematics (STEM) fields. Legislation passed in the Senate (S. 2611) would create pathways to citizenship for foreign students in the STEM fields of study. Although there are provisions in this legislation for undergraduate students, the major focus has been on students obtaining advanced degrees.
Selected Procedural Safeguards in Federal, Military, and International Courts
This report provides a brief overview of procedural rules applicable in selected historical and contemporary tribunals for the trials of war crimes suspects. The chart that follows compares selected procedural safeguards employed in criminal trials in federal criminal court with parallel protective measures in military general courts-martial, international military tribunals used after World War II, including the International Military Tribunal (IMT or "Nuremberg Tribunal"), and the International Criminal Courts for the former Yugoslavis (ICTY) and Rwanda (ICTR).
Enforcing Immigration Law: The Role of State and Local Law Enforcement
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.
Immigration Consequences of Criminal Activity
Congress has the authority to determine classes of aliens who may be admitted into the United States and the grounds for which they may be removed. Pursuant to the Immigration and Nationality Act (INA), as amended, certain conduct may either disqualify an alien from entering the United States ("inadmissibility") or provide grounds for his or her removal/deportation. Prominently included among this conduct is criminal activity. This report explores this issue in-depth, especially the difference between the terms "illegal alien" and "criminal alien" and relevant legislation.
Immigration: Terrorist Grounds for Exclusion and Removal of Aliens
The Immigration and Nationality Act (INA) spells out a strict set of admissions criteria and exclusion rules for all foreign nationals who come permanently to the United States as immigrants (i.e., legal permanent residents) or temporarily as nonimmigrants. This report opens with an overview of the grounds for inadmissibility and summarizes key legislation enacted in recent years. Where relevant, the report discusses how recently enacted legislation, including the REAL ID Act, affects these matters. This report also briefly discusses two recent proposals that would modify the terrorism-related provisions of the INA.
Mexico-United States Dialogue on Migration and Border Issues, 2001-2006
This report, which will be updated periodically, focuses on the interactions between Mexico and the United States on migration and border issues during the administrations of President George W. Bush and President Vicente Fox of Mexico. These interactions are increasingly tense in 2006 due to violence in the border region and debate over U.S. immigration reform. The discussions and agreements fall into four areas: (1) the bilateral migration talks, (2) the Partnership for Prosperity, (3) the Border Partnership Agreement, and (4) the trilateral "Security and Prosperity Partnership (SPP) of North America."
Immigration Legislation and Issues in the 109th Congress
Security concerns are figuring prominently in the development of and debate on immigration legislation in the 109th Congress. The REAL ID Act, passed in May 2005, contains a number of immigration and identification document-related provisions intended to improve homeland security. Among these are provisions to make changes to the Immigration and Nationality Act (INA) with respect to asylum and other forms of relief from removal; to expand the terrorism-related grounds for alien inadmissibility and deportation; and to set standards for state-issued drivers' licenses and personal identification cards. H.R. 4437 contains provisions on border security, the role of state and local law enforcement, employment eligibility verification and worksite enforcement, smuggling, detention, and other enforcement-related issues.
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