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Asylum and “Credible Fear” Issues in U.S. Immigration Policy
This report defines asylum seekers and looks at the background of asylum seekers in the U.S. since the 1980s. It discusses current issues, including inconsistent approval rates for asylum seekers across different regions and jurisdictions. It ends with a discussion of whether or not the policy (created during the Cold War) has adapted to the 21st century, and ways in directions that current law/new legislation could move to mitigate this issue.
Immigration Legislation and Issues in the 111th Congress
This report synthesizes the multi-tiered debate over immigration reform into key elements: legal immigration; legalization; immigration control; refugees, asylees, and humanitarian migrants; and alien rights, benefits, and responsibilities. It delineates the issues for the 111th Congress on permanent residence, temporary admissions, border security, worksite enforcement, employment eligibility verification, document fraud, criminal aliens, and the grounds for inadmissibility.
U.S. Immigration Policy on Haitian Migrants
This report discusses whether the balance should tip more toward humanitarian immigration policies as a consequence of the humanitarian crises that resulted from the January 12, 2010 earthquake in Haiti.
Noncitizen Eligibility for Federal Public Assistance: Policy Overview and Trends
This report discusses the extent to which residents of the United States who are not U.S. citizens should be eligible for federally-funded public aid. This issue meets at the intersection of two major policy areas: immigration policy and welfare policy. This report deals with the four major federal means-tested benefit programs: the Supplemental Nutrition Assistance Program (SNAP, formerly food stamps), the Supplemental Security Income (SSI) program, Temporary Assistance for Needy Families (TANF) block grant programs, and Medicaid.
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 Legislation and Issues in the 112th Congress
This report discusses immigration-related issues that have received legislative action or are of significant congressional interest in the 112th Congress.
Immigration of Foreign Nationals with Science, Technology, Engineering, and Mathematics (STEM) Degrees
Report regarding renewed Congressional interest in facilitating the immigration of foreign professional workers in science, technology, engineering, or mathematics (STEM) fields.
Immigration Detainers: Legal Issues
Report that 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.
Immigration Detainers: Legal Issues
Report that 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.
Arizona v. United States: A Limited Role for States in Immigration Enforcement
Report that discusses the Supreme Court's ruling in Arizona v. United States, and considers the implications that the decision may have for immigration enforcement activity by states and localities.
Issues in Homeland Security Policy for the 113th Congress
This report outlines an array of homeland security issues that may come before the 113th Congress. After a brief discussion of the overall homeland security budget, the report divides the specific issues into five broad categories: counterterrorism and security management, border security and trade, immigration, disaster preparedness, response, and recovery, and departmental management.
Comprehensive Immigration Reform in the 113th Congress: Short Summary of Senate- Passed S. 744
Report that summarizes major immigration reform provisions of S. 744, as passed by the Senate.
U.S. Family-Based Immigration Policy
Report that provides background information and discussion related to immigration issues.
Agricultural Guest Workers: Legislative Activity in the 113th Congress
This report discusses the foreign temporary workers, also known as guest workers, that have long performed legal agricultural labor in the United States through different temporary worker programs.
An Overview of Judicial Review of Immigration Matters
This report will summarize judicial review for immigration matters, including visa denials and revocations; removal orders and detention; naturalization delays, denials, and revocations; expatriation; and legalization denials. Administrative adjudications such as removal proceedings or determination of immigration benefits such as naturalization are beyond the scope of this report.
Immigration-Related Worksite Enforcement: Performance Measures
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 not authorized to be so employed. This report looks at enforcement measures of this act.
Visa Waiver Program
Report that discusses the visa waiver program (VWP), which allows for a bypass of the first step by which foreign visitors are screened 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.
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.
Nonimmigrant Overstays: Brief Synthesis of the Issue
This report discusses a fundamental problem of immigration control in which foreign nationals enter legally on a temporary basis and continue to stay after their visas expire.
Visa Waiver Program
This report discusses the visa waiver program (VWP), which allows for a bypass of the first step by which foreign visitors are screened 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.
Unlawfully Present Aliens, Driver's Licenses, and Other State-Issued ID: Select Legal Issues
This report provides an overview of key legal issues raised by state laws regarding the denial or issuance of driver's licenses and other forms of ID to unlawfully present aliens, as well as by state and local approaches to recognizing foreign-issued ID documents.
Immigration Policies and Issues on Health-Related Grounds for Exclusion
This report discusses the criteria that foreign nationals must meet before admission to the United States including the reasons why a foreign national might be denied admission, most particularly on health-related grounds. It describes this issue in relation to the recent outbreak of the 2009 H1N1 ("swine flu") virus, and how the outbreak has affected various government agencies, such as the Customs and Border Protection (CBP) agency within the Department of Homeland Security (DHS). This report also discusses efforts to confront and address related issues on a legislative front.
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.
Immigration Detainers: Legal Issues
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.
Apprehensions of Unauthorized Migrants along the Southwest Border: Fact Sheet
This report discusses the number of illegal alien apprehensions between southern ports of entry (POE) in the United States, which has generally declined.
Treatment of Noncitizens Under the Affordable Care Act
This report provides information regarding the treatment of noncitizens under the Patient Protection and Affordable Care Act (ACA) including definitions of "lawfully present," the health insurance mandate, exchanges, and ACA changes to Medicaid. It also discusses the verification of alien status under the ACA and related legislation in the 113th Congress.
State and Local "Sanctuary" Policies Limiting Participation in Immigration Enforcement
This report discusses legal issues related to state and local measures that limit law enforcement cooperation with federal immigration authorities. It includes legal background and select limitations on immigration enforcement including traditional "sanctuary" policies, declining to honor immigration detainers, shielding juveniles from federal detection, and modifying criminal sentences to avoid immigration consequences.
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.
Immigration: Visa Security Policies
The report includes an overview of visa issuance policy and explains the key provisions that guide the documentary requirements and approval/disapproval process.
Unaccompanied Alien Children--Legal Issues: Answers to Frequently Asked Questions
This report addresses the questions regarding the numbers of unaccompanied alien children involved, their reasons for coming to the United States, and current and potential responses of the federal government and other entities to their arrival.
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.
Unaccompanied Alien Children: Potential Factors Contributing to Recent Immigration
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.
Unaccompanied Alien Children: An Overview
This report discusses the immigration problem regarding the number of unaccompanied alien children (UAC) arriving in the United States borders. The report discusses the scope of the problem, current policy challenges, and the processing and treatment of the UAC apprehended.
Unaccompanied Alien Children: An Overview
This report discusses the immigration problem regarding the number of unaccompanied alien children (UAC) arriving in the United States borders. The report discusses the scope of the problem, current policy challenges, and the processing and treatment of the UAC apprehended.
Unauthorized Aliens Residing in the United States: Estimates Since 1986
This report presents data estimating since 1986 the number of unauthorized aliens who have been living in the United States. There have been a variety of estimates of the unauthorized resident alien population over this period, sometimes with substantially different results. This report is limited to analyses of the Current Population Survey (CPS) conducted by the U.S. Census Bureau and the Bureau of Labor Statistics and of the American Community Survey (ACS) conducted by the U.S. Census Bureau so that there are basic standards of comparison over time.
Asylum Policies for Unaccompanied Children Compared with Expedited Removal Policies for Unauthorized Adults: In Brief
This report focuses on unaccompanied alien children as asylum seekers. To bring clarity to the unique policies toward unaccompanied children, this report compares their treatment to that of unauthorized adults and families with children in the specific contexts of asylum and expedited removal.
Unaccompanied Alien Children: Demographics in Brief
This report discusses children coming to the United States who are not accompanied by parents or legal guardians and who lack proper immigration documents has raised complex and competing sets of humanitarian concerns and immigration control issues. This report focuses on the demographics of unaccompanied alien children while they are in removal proceedings.
Deferred Action for Childhood Arrivals (DACA): Frequently Asked Questions
This report discusses the Department of Homeland Security's (DHS) June 15, 2012 announcement that certain individuals who were brought to the United States as children and meet other criteria would be considered for relief from removal for two years, subject to renewal, under an initiative known as Deferred Action for Childhood Arrivals, or DACA.
Federal Elementary and Secondary Education Programs and Unaccompanied Alien Children
This report addresses possible sources of federal support for schools and local educational agencies that have enrolled unaccompanied alien children.
Electronic Employment Eligibility Verification
This report discusses some of the most difficult immigration policy questions regarding unauthorized immigration and unauthorized employment.
Immigration: Terrorist Grounds for Exclusion and Removal of Aliens
This report focuses on the terrorism-related grounds for inadmissibility and deportation/removal. It opens with an overview of the terror-related grounds as they evolved through key legislation enacted in recent years. The section on current law explains the legal definitions of "terrorist activity," "engage in terrorist activity," and "terrorist organization," and describes the terror-related grounds for inadmissibility and removal. The report then discusses the alien screening process to determine admissibility and to identify possible terrorists, both during the visa issuance process abroad and the inspections process at U.S. ports of entry.
Unauthorized Aliens' Access to Federal Benefits: Policy and Issues
This report focuses on the policy and legislative debate surrounding unauthorized aliens' access to federal benefits. The number of foreign-born people residing in the United States (40.7 million) is at the highest level in our history and, as a portion of the U.S. population, has reached a percentage (13%) not seen since the early 20th century.1 Of the foreign-born residents in the United States, approximately one-third are speculated to be unauthorized residents (often characterized as illegal aliens).
Border Security: Immigration Enforcement Between Ports of Entry
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/
State and Local Restrictions on Employing Unauthorized Aliens
This report discusses state and local restrictions upon employing unauthorized aliens in light of the May 26, 2011, decision by the Supreme Court in Chamber of Commerce of the United States of America v. Whiting.
Immigration Policies and Issues on Health-Related Grounds for Exclusion
This report discusses the criteria that foreign nationals must meet before admission to the United States, specifically examining the health-related grounds for exclusion. It provides this information in the context of recent outbreaks of communicable diseases abroad such as Ebola in West Africa, avian influenza in China, polio in the middle east, and dengue fever in the Caribbean.
Electronic Employment Eligibility Verification
This report discusses the employment verification program that started out as a pilot program in November 1997 and it is currently authorized until September 30, 2015, in accordance with P.L. 112-176.
Border Security: Immigration Enforcement Between Ports of Entry
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. In reviewing such efforts, the report takes stock of the current state of border security and considers lessons that may be learned about enhanced enforcement at U.S. borders.
U.S. Naturalization Policy
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.
Iraqi and Afghan Special Immigrant Visa Programs
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.
Brief History of Comprehensive Immigration Reform Efforts in the 109th and 110th Congresses to Inform Policy Discussions in the 113th Congress
This report opens with brief legislative histories of "comprehensive immigration reform" (CIR) in the 109th and 110th Congresses. A comparative overview of key CIR provisions in the three bills that received floor action in the 109th and 110th Congresses follows. In addition to a narrative discussion of how the bills addressed the main provisions of CIR, the report provides a table that presents a comparative summary of the key features of the bills. The report concludes with observations contrasting the 2006-2007 period with the context of today's CIR debate. The report also provides an appendix that summarizes the three major CIR bills.
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