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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).
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-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.
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.
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.
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.
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.
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: 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.
Cuban Migration to the United States: Policy and Trends
This report opens with a historical analysis of the unique immigration policy that evolved with Cuba and an explanation of its nexus with other federal policies. It follows with time series analysis of Cuban migration trends. The report concludes by discussing current challenges and issues.
Cuban Migration to the United States: Policy and Trends
This report opens with a historical analysis of the unique immigration policy that evolved with Cuba and an explanation of its nexus with other federal policies. It follows with time series analysis of Cuban migration trends. The report concludes by discussing current challenges and issues.
Immigration Consequences of Criminal Activity
This report discusses the potential immigration consequences of Criminal Activity.
Immigration-Related Document Fraud: Overview of Civil, Criminal, and Immigration Consequences
This report discusses the primary civil, criminal, and immigration related penalties associated with immigration related document fraud.
Immigration Consequences of Criminal Activity
No Description Available.
USCIS Funding and Accountability to Congress
This report briefly discusses funding for U.S. Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security (DHS). USCIS handles many immigration administration functions, the most prominent of which is processing and adjudicating immigrant petitions and applications.
Migrant Labor Law and Relations: Selected References, 1960-1969
This report is a bibliography concerning migrant labor in the United States
Immigration: A Guide to Internet Sources
This report identifies selected websites from the Internet on immigration topics in the United States.
Immigration Consequences of Criminal Activity
No Description Available.
Immigration Consequences of Criminal Activity
This report discusses the potential immigration consequences of criminal activity.
Refugee Admissions and Resettlement Policy
Typically, the annual number of refugees that can be admitted into the United States, known as the refugee ceiling, and the allocation of these numbers by region are set by the President after consultation with Congress at the start of each fiscal year. For FY2012, the worldwide refugee ceiling is 76,000, with 73,000 admissions numbers allocated among the regions of the world and 3,000 numbers comprising an unallocated reserve. Overseas processing of refugees is conducted through a system of three priorities for admission. Priority 1 comprises cases involving persons facing compelling security concerns. Priority 2 comprises cases involving persons from specific groups of special humanitarian concern to the United States (e.g., Iranian religious minorities). Priority 3 comprises family reunification cases involving close relatives of persons admitted as refugees or granted asylum. Special legislative provisions facilitate relief for certain refugee groups.
Foreign Investor Visas: Policies and Issues
This report provides a brief legislative background, discussions of immigrant and nonimmigrant investors visas, a comparison of U.S. and Canadian immigrant investor programs, an analysis of the relationship between investment and migration, and finally a review of current issues.
Foreign Investor Visas: Policies and Issues
This report provides a brief legislative background, discussions of immigrant and nonimmigrant investor's visas, a comparison of U.S. and Canadian immigrant investor programs, an analysis of the relationship between investment and migration, and finally a review of current issues.
History of Use of U.S. Military Bases to House Immigrants and Refugees
This report discusses the use of Goodfellow Air Force Base and Fort Bliss, both in Texas, to house migrant families trying to cross the border, as well as the historical use of military bases to house immigrants and refugees.
Temporary Protected Status: Overview and Current Issues
This report describes Temporary Protected Status (TPS) in the context of humanitarian responses to migration and also briefly describes one alternative -- Deferred Enforced Departure (DED) -- including the historical use of these mechanisms. It also provides data on the countries currently designated for TPS, outlines past legislation to provide lawful permanent resident status to certain TPS-designated foreign nationals, and provides examples of activity in the 115th Congress related to TPS.
Unauthorized Employment in the United States: Issues and Options
As Congress considers immigration reform and ways to address the unauthorized alien population, the issue of unauthorized employment is the focus of much discussion. This report discusses options for addressing unauthorized employment in the United States.
Immigration of Foreign Workers: Labor Market Tests and Protections
This report discusses §1611, the American Recovery and Reinvestment Act of 2009, which requires companies receiving Troubled Asset Relief Program (TARP) funding to comply with the more rigorous labor market rules of H-1B dependent companies if they hire foreign workers on H-1B visas.
Temporary Protected Status: Overview and Current Issues
This report discusses Temporary Protected Status (TPS) and the current countries with the status. The ongoing debate regarding whether TPS recipients should receive a pathway to legal permanent residency is also discussed. The report concludes with examples of activity in the 115th Congress related to TPS.
Work Authorization for H-4 Spouses of H-1B Temporary Workers: Frequently Asked Questions
This report provides answers to frequently asked questions about work authorization for H-4 visa holders (visas for spouses and unmarried children under 21 of H-1B visa holders).
Immigration of Foreign Workers: Labor Market Tests and Protections
This report examines the current state of employment-based immigration, and discusses its perceived effects on the labor market.
Diversity Immigrant Visa Program
This report discuses the Diversity Immigrant Visa program (DV) which is a lottery system that makes 50,000 visas available annually to immigrants from countries who had sent less than 50,000 immigrants to the U.S. over the last five years. Eligibility, the application and admission process, statistics on places of origin, and legislative proposals are discussed.
Immigration: Foreign Physicians and the J-1 Visa Waiver Program
This report focuses on those IMGs who are foreign nationals, hereafter referred to as foreign medical graduates (FMGs). Many FMGs first entered the United States to receive graduate medical education and training as cultural exchange visitors through the J-1 cultural exchange program. Other ways for FMGs to enter the United States include other temporary visa programs as well as permanent immigration avenues such as family- or employment-based immigration, the diversity lottery, and humanitarian relief provisions.
9/11 Commission: Legislative Action Concerning U.S. Immigration Law and Policy in the 108th Congress
From Summary: "This report discusses some of the major immigration areas that were under consideration in the above-mentioned comprehensive reform proposals, including asylum, biometric tracking systems, border security, document security, exclusion, immigration enforcement, and visa issuances."
The Immigration and Nationality Act Amendments of 1965, Issues and Impact: Selected References
This report provides a bibliography of resources related to the Immigration and Nationality Act Amendments of 1965.
Immigration of Temporary Lower-Skilled Workers: Current Policy and Related Issues
U.S. employers in various industries argue that they need to hire foreign workers to perform lower-skilled jobs, while others maintain that many of these positions could be filled by U.S. workers. While the discussion of current guest worker programs in this report focuses on the H-2A and H- 2B visas, it also covers the Summer Work Travel (SWT) program, the largest of several programs under the J-1 visa for participants in work- and study-based exchange visitor programs. The SWT program is particularly relevant because participants work largely in unskilled jobs, including H-2B-like seasonal jobs at resorts and amusement parks.
Syrian Refugee Admissions to the United States
This report briefly discusses issues regarding refugees fleeing from Syria. With some European countries pledging to accept increased numbers of Syrian and other asylum seekers in the face of a refugee crisis, attention is focused on the United States and its plans to admit Syrian and other refugees in FY2016 and beyond.
Constitutionality of Excluding Aliens from the Census for Apportionment and Redistricting Purposes
This report provides an overview of the 2010 decennial census, and the Census Bureau that will attempt to count the total population of the United States. It discusses the possibility by some that have suggested excluding aliens, particularly those who are in the country unlawfully, from the census count, in part so that they would not be included in the data used to apportion House seats among the states and determine voting districts within them.
Immigration of Foreign Workers: Labor Market Tests and Protections
This report examines the current state of employment-based immigration, and discusses its perceived effects on the labor market.
Immigration of Foreign Workers: Labor Market Tests and Protections
This report discusses §1611, the American Recovery and Reinvestment Act of 2009, which requires companies receiving Troubled Asset Relief Program (TARP) funding to comply with the more rigorous labor market rules of H-1B dependent companies if they hire foreign workers on H-1B visas.
Unauthorized Employment in the United States: Issues, Options, and Legislation
As immigration reform and the illegal alien population have gained congressional and public attention in the past several years, the issue of unauthorized employment has come to the fore. It is widely accepted that most unauthorized aliens enter and remain in the United States in order to work. This report discusses options for addressing the issue of unauthorized employment in the United States.
Temporary Protected Status: Current Immigration Policy and Issues
This report is a brief overview of current policies regarding temporatry protected status (TPS), which is relief from removal under the Immigration and Nationality Act (INA). It includes information about humanitarian migrants, temporary protected status, other blanket forms of relief, nationalities receiving protections, and issues with TPS, as well as recent legislation.
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