This report provides an overview of the statutory framework for alien removal and briefly describes the standard removal process. It also describes several streamlined forms of removal, and two alternative forms of removal (often referred to as returns) that exempt aliens from certain penalties associated with formal removal: voluntary departure and withdrawal of petition for admission. In addition, the report discusses recent trends in removals and returns, and concludes with a summary of potential avenues for relief from removal.
U.S. citizenship is conferred at birth under the principle of jus soli (nationality of place of birth) and the principle of jus sanguinis (nationality of parents). The U.S. Constitution states as a fundamental rule of jus soli citizenship that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The exceptions to universal citizenship comprehended by the requirement that a person be born "subject to the jurisdiction thereof" include: (1) children born to a foreign sovereign or accredited diplomatic official; (2) children born on a foreign public vessel, such as a warship; (3) children born to an alien enemy in hostile occupation; and (4) native Indians.
This report reviews efforts to combat unauthorized migration across the Southwest border in the nearly three decades since the Immigration Reform and Control Act (IRCA) initiated the modern era in migration control, takes stock of the current state of border security, and considers lessons that may be learned about enhanced enforcement at U.S. borders. The report begins by reviewing the history of border control and the development of a national border control strategy beginning in the 1990s. The following sections summarize appropriations and resources dedicated to border enforcement, indicators of enforcement outcomes, metrics for estimating unauthorized migration flows, and possible secondary and unintended consequences of border enforcement. The report concludes by reviewing the overall costs and benefits of the current approach to migration control and raising additional questions that may help guide the discussion of these issues in the future.,5/
This report discusses the United States Border Patrol's history as our nation's first line of defense against unauthorized migration. Today, the USBP's primary mission is to detect and prevent the entry of terrorists, weapons of mass destruction, and illegal aliens into the country, and to interdict drug smugglers and other criminals along the border.
This report discusses the Supreme Court's ruling in the case of "Jennings vs. Rodriguez" which dealt with whether immigrant aliens could be detained indefinitely. The court ruled that the aliens could be held indefinitely without a bond hearing under statutory law but left the constitutionality of the action open for future interpretation.
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.
In response to the terrorist acts of September 11, 2001, Congress passed legislation making permanent a provision that allows aliens with critical information on criminal or terrorist organizations to come into the United States in order to provide information to law enforcement officials. This legislation (S. 1424) became P.L. 107-45 on October 1, 2001. The law amends the Immigration and Nationality Act to provide permanent authority for the administration of the “S” visa, which was scheduled to expire on September 13, 2001. On November 29, 2001, Attorney General John Ashcroft announced the “Responsible Cooperators Program” to reach out to persons who may be eligible for the S visa. Up to 200 criminal informants and 50 terrorist informants may be admitted annually. Since FY1995, almost 700 informants and their accompanying family members have entered S visas. This report will not be regularly updated.
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.
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.
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