Congressional Research Service Reports - 771 Matching Results
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- Prosecutorial Discretion in Immigration Enforcement: Legal Issues
- No Description Available.
- Immigration Legislation Enacted in the 107th Congress
- No Description Available.
- Authority of State and Local Police to Enforce Federal Immigration Law
- This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice.
- Authority of State and Local Police to Enforce Federal Immigration Law
- This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice.
- 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.
- Unauthorized Aliens in the United States
- This report discusses the unauthorized immigrant (illegal alien) population in the United States, which is a key and controversial immigration issue.
- Unauthorized Aliens in the United States: Policy Discussion
- This report discusses the unauthorized immigrant (illegal alien) population in the United States, which is a key and controversial immigration issue.
- California's Proposition 187: A Brief Overview
- This report provides a brief overview of California's proposition 187, a 1994 ballot initiative to deny illegal aliens state benefits and to require reporting of illegal alien applicants for benefits to federal immigration officials.
- U.S. Policy on Cuban Migrants: In Brief
- This report discusses the U.S. policy on Cuban migration that has been shaped by a 1966 law known as the Cuban Adjustment Act, as amended, and U.S.-Cuban migration agreements signed in the mid-1990s, operating in conjunction with the Immigration and Nationality Act (INA).
- Birthright Citizenship and Children Born in the United States to Alien Parents: An Overview of the Legal Debate
- This report provides a brief historical review of U.S. citizenship from the time of the founding through the Civil Rights Act of 1866 and the Citizenship Clause of the Fourteenth Amendment of 1868.
- Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents
- This report provides background information on birthright citizenship to alien parents in the U.S. The report ends with a detail of amendments in the 112th Congress that would amend the Constitution to exclude from citizenship at birth persons born in the United States whose parents are unlawfully present in the United States or are non-immigrant aliens.
- Visa Policy: Roles of the Departments of State and Homeland Security
- 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).
- U.S. Immigration Policy on Asylum Seekers
- The United States has long held to the principle that it will not return a foreign national to a country where his life or freedom would be threatened. This principle is embodied in several provisions of the Immigration and Nationality Act (INA), most notably in provisions defining refugees and asylees. Aliens seeking asylum must demonstrate a well-founded fear that if returned home, they will be persecuted based upon one of five characteristics: race, religion, nationality, membership in a particular social group, or political opinion.
- Toward More Effective Immigration Policies: Selected Organizational Issues
- No Description Available.
- Mexican Migration to the United States: Policy and Trends
- History and geography have given Mexico a unique status in the U.S. immigration system, and have made the Mexico-U.S. migration flow the largest in the world. Mexicans are the largest group of U.S. migrants across most types of immigration statuses—a fact that may have important implications for how Congress makes U.S. immigration policy. This report reviews the history of immigration policy and migration flows between the countries and the demographics of Mexicans within the United States. It also analyzes contemporary issues in U.S. immigration policy and the impact Mexico may have on U.S. immigration outcomes.
- Unauthorized Aliens in the United States: Policy Discussion
- This report discusses the unauthorized immigrant (illegal alien) population in the United States, which is a key and controversial immigration issue.
- Visa Waiver Program
- This report discusses the visa waiver program (VWP), which allows foreign visitors to bypass the first, screening step for admissibility to enter the United States. Some policymakers are concerned that this waiver allows terrorists to more easily enter the country. The report provides waiver-related statistics and related legislation.
- Visa Waiver Program
- This report discusses the visa waiver program (VWP), which allows foreign visitors to bypass the first, screening step for admissibility to enter the United States. Some policymakers are concerned that this waiver allows terrorists to more easily enter the country. The report provides waiver-related statistics and related legislation.
- 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).
- Alien Legalization and Adjustment of Status: A Primer
- This report is a primer that briefly describes the main avenues for foreign nationals living in the United State (legally or illegally) to become LPRs (Legal Permanent Residents).
- Authority of State and Local Police to Enforce Federal Immigration Law
- This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly; analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, including the Supreme Court's ruling in Arizona v. United States; and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice. This report does not discuss legal issues raised by state and local measures intended to supplement federal immigration laws through the imposition of additional criminal or civil penalties.
- Immigration and Naturalization Service Reorganization and Related Legislative Proposals
- The Immigration and Naturalization Service (INS), with a current annual budget of $4.3 billion, is the primary agency charged with enforcing the nation's immigration law. Regulating immigration can be viewed as having two basic components: stemming illegal immigration (enforcement) and facilitating legal immigration (service). The Administration is moving forward to restructure the agency internally by separating the agency's enforcement and service functions, but maintains that the immigration function must be managed by a single executive who can integrate immigration policy, standards, and operations. There is no statutory requirement that the Administration gain Congress's formal approval of its plan to restructure INS. Congress, however, could choose to mandate legislatively that INS be dismantled or restructured differently.
- Immigration and Naturalization Service Reorganization and Related Legislative Proposals
- The Immigration and NaturalizationService (INS), with a current annual budget of $5.0 billion, is the primary agency charged with enforcing the nation’s immigration law. Regulating immigration can be viewed as having two basic components:stemming illegal immigration (enforcement) and facilitating legal immigration (service). The Bush Administration supports separating service from enforcement. While no legislation to restructure INS has been introduced in the 107th Congress at this date, it is likely that proposals will be introduced in the future, since restructuring may necessitate amending existing statutory authorities. For now, Members of Congress, who support restructuring INS, are waiting to review the Bush Administration’s plan before introducing legislation themselves.
- Immigration and Naturalization Service Reorganization and Related Legislative Proposals
- The Immigration and NaturalizationService (INS), with a current annual budget of $5.0 billion, is the primary agency charged with enforcing the nation’s immigration law. Regulating immigration can be viewed as having two basic components:stemming illegal immigration (enforcement) and facilitating legal immigration (service). The Bush Administration supports separating service from enforcement. While no legislation has been acted upon in the 107th Congress at this date, restructuring proposals may be considered in the future, since restructuring may necessitate amending existing statutory authorities.
- Immigration and Naturalization Service: Restructuring Proposals in the 107th Congress
- Summary The events of September 11 brought the Immigration and Naturalization Service (INS) to the forefront of the nation’s attention. Although all 19 hijackers entered the country legally, three overstayed their visas. And, on March 11, 2002, INS sent student visa notifications for two of the (now deceased) 19 hijackers to the aviation school they attended, provoking an intensification of long-standing criticism of INS for weak management controls, among other things. An underlying theme of criticism concerns what many believe are overlapping and unclear chains of command with respect to INS’s service and enforcement functions. There appears to be a consensus among the Administration, Congress, and commentators that the immigration system, primarily INS, is in need of restructuring. There also appears to be a consensus among interested parties that INS’s two main functions — service and enforcement — need to be separated. There has not been a consensus, however, with regard to how the restructuring should take place.
- Immigration-Related Provisions of Selected Bills on Religious Persecution
- This report analyzes immigration-related provisions of H.R. 2431, the “Freedom from Religious Persecution Act,” as passed by the House on May 14, 1998, and S. 1868, the “International Religious Freedom Act,” as introduced in the Senate.
- The leading immigration ILW COM law publisher http://www.ilw.com Protecting Our Perimeter: “Border Searches” Under the Fourth Amendment
- No Description Available.
- Female Genital Mutilation as Persecution: When Can It Constitute a Basis for Asylum and Withholding of Removal?
- This report explores the basic statutory and regulatory framework that governs asylum law. This entails an outline of the requirements an applicant must meet in order to obtain relief under asylum law and a discussion about the differences between the two main forms of relief for aliens facing removal from the United States: asylum and withholding of removal. It will then examine several important issues and controversies concerning female genital mutilation (FGM) and its effect on asylum law.
- Unauthorized Aliens, Higher Education, In-State Tuition, and Financial Aid: Legal Analysis
- This report surveys key legal issues pertaining to unauthorized alien students' access to higher education, in-state tuition, and financial aid. The existence of a sizable population of "DREAMers" in the United States has prompted questions about these topics. The term DREAMer is widely used to describe aliens who were brought to the United States as children and raised in the U.S., but lack legal immigration status.
- Farm Labor Shortages and Immigration Policy
- This report first explains why the nexus between farm labor shortages and immigration policy has again arisen. It next examines the composition of the seasonal agricultural labor force and presents the arguments of grower and farmworker advocates concerning its adequacy relative to employer demand. The report closes with an analysis of the trends in (un)employment, time worked and wages of legal and illegal farmworkers to determine if they are consistent with the existence of a nationwide shortage of domestically available farmworkers.
- Farm Labor Shortages and Immigration Policy
- This report first explains the connection made over the past several years between farm labor and immigration policies. It next examines the composition of the seasonal agricultural labor force and presents the arguments of grower and farmworker advocates concerning its adequacy relative to employer demand. The report closes with an analysis of the trends in employment, unemployment, time worked and wages of authorized and unauthorized farmworkers to determine whether they are consistent with the existence of a nationwide shortage of domestically available farmworkers.
- Farm Labor Shortages and Immigration Policy
- This report first explains the connection made over the past several years between farm labor and immigration policies. It next examines the composition of the seasonal agricultural labor force and presents the arguments of grower and farmworker advocates concerning its adequacy relative to employer demand. The report closes with an analysis of the trends in employment, unemployment, time worked and wages of authorized and unauthorized farmworkers to determine whether they are consistent with the existence of a nationwide shortage of domestically available farmworkers.
- 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.
- Farm Labor Shortages and Immigration Policy
- This report first explains the connection made over the past several years between farm labor and immigration policies. It next examines the composition of the seasonal agricultural labor force and presents the arguments of grower and farmworker advocates concerning its adequacy relative to employer demand. The report closes with an analysis of the trends in employment, unemployment, time worked and wages of authorized and unauthorized farmworkers to determine whether they are consistent with the existence of a nationwide shortage of domestically available farmworkers.
- Temporary Protected Status: Current Immigration Policy and Issues
- This report discusses provisions in the Immigration and Nationality Act (INA) that offer Temporary Protected Status (TPS) to aliens who are fleeing and unable to return to a dangerous situation abroad. It details how the 2010 Haitian earthquake prompted calls for the then current U.S. Administration to grant TPS to Haitians in the United States.
- Border Security: U.S.-Canada Immigration Border Issues
- This report discusses the U.S.-Canada Immigration Border Issues related to Border Security.
- 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.
- Border Security: Immigration Issues in the 108th Congress
- This report provides background information on the main immigration-related border security issues that have been raised as a result of the terrorist attacks and resulting concern for homeland security. It describes enacted legislation in the 107th Congress as well as in previous Congresses that focus on immigration-related border security issues. The report also poses possible immigration-related border security issues the 108th Congress may consider.
- Border Security: Immigration Issues in the 108th Congress
- This report provides background information on the main immigration-related border security issues that have been raised as a result of the terrorist attacks and resulting concern for homeland security. It describes enacted legislation in the 107th Congress as well as in previous Congresses that focus on immigration-related border security issues. The report also poses possible immigration-related border security issues the 108th Congress may consider.
- Immigration and Nationality Legislation Enacted 1962-1974.
- This report is about Immigration and Nationality Legislation Enacted 1962-1974.
- Immigration: Visa Entry/Exit Control System
- This report provides background and analysis on Section 110 and issues related to increasing arrival/depature management at air, land, and sea ports of entry.
- Temporary Protected Status: Current Immigration Policy and Issues
- 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.
- U.S. Immigration Policy on Asylum Seekers
- This report analyzes the processes that aliens must go through to apply for asylum in the United States. It offers a historical overview of legislation concerning immigration as well as an overview of current asylum policy. The report also provides trends on immigration, such as the amount of asylum requests and source countries. Finally, it addresses issues that many have with U.S. asylum law, such as terrorist infiltration, coordination with border and transportation security and numerical limits.
- Immigration-Related Detention: Current Legislative Issues
- This report examines policy issues surrounding detention of aliens, including concerns about the number of aliens subject to mandatory detention and the justness of mandatory detention, especially as it is applied to asylum seekers arriving without proper documentation. Some have raised concerns about the length of time in detention for aliens who have been ordered removed. Additionally, issues have been raised about the amount of detention space available to house DHS detainees. Another area of uncertainty is the Attorney General’s role in the detention of noncitizens, since the creation of DHS.
- Immigration-Related Detention: Current Legislative Issues
- This report discusses issues for Congress in regards to the potential reform of the nation's immigration system. The detention of noncitizens in the United States will likely be an issue. Under the law, there is broad authority to detain aliens while awaiting a determination of whether the noncitizen should be removed from the United States.
- Alien Eligibility for Public Assistance
- This report details the changes in public assistance policy that the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. It established new restrictions on the eligibility of legal immigrants for designated means-tested public assistance, and also broadened restrictions on public benefits for temporary workers and people on work or school visas.
- Immigration-Related Detention: Current Legislative Issues
- As Congress considers addressing some of the problems in the nation's immigration system, the detention of noncitizens in the United States may be an issue as Congress may choose to reevaluate detention priorities (i.e., who should be detained) and resources. There are many policy issues surrounding detention of aliens. The Illegal Immigrant Reform and Immigrant Responsibility Act of 1996 (IIRIRA) increased the number of aliens subject to mandatory detention, and raised concerns about the justness of mandatory detention, especially as it is applied to asylum seekers arriving without proper documentation. Additionally, as DHS increases its ability to identify aliens who are subject to removal from local jails in more remote locations, the nationwide allocation of detention space may become an issue.
- 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.
- 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.