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State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070
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.
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.
Immigration Detainers: Legal Issues
"This report surveys the various authorities governing immigration detainers, including the standard detainer form (Form I-247) sent by U.S. Immigration and Customs Enforcement (ICE) to other law enforcement agencies. The report also discusses key legal issues raised by immigration detainers, including whether Department of Homeland Security's (DHS's) detainer regulations and practices are beyond its statutory authority; whether states and localities are required to comply with immigration detainers; who has custody of aliens subject to detainers; and whether detainer practices violate aliens' constitutional rights. In considering these topics, it is important to note that Form I-247 and DHS's detainer practices have changed several times since 2010, and that decisions on the merits have not yet been issued in many cases challenging the use of detainers in conjunction with the Secure Communities program" (p. 6).
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.
State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070
This report discusses S.B. 1070 and some of the notable preemption issues raised by some of its provisions. Where relevant, it examines the district court's ruling that the federal government is likely to succeed on the merits of its arguments that certain sections of S.B. 1070 are preempted by federal law. It also discusses other preemption issues potentially raised by S.B. 1070 or similar legislation, including some issues that were not expressly addressed by the district court in its preliminary ruling.
Immigration Detainers: Legal Issues
An "immigration detainer" is a document by which U.S. Immigration and Customs Enforcement (ICE) advises other law enforcement agencies of its interest in individual aliens whom these agencies are detaining. This report 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.
The Obama Administration's November 2014 Immigration Initiatives: Questions and Answers
On November 20, 2014, President Obama delivered a televised address wherein he broadly described the steps that his administration is taking to "fix" what he has repeatedly described as a "broken immigration system."1 Following the President's address, executive agencies made available intra-agency memoranda and fact sheets detailing specific actions that have already been taken, or will be taken in the future.2 These actions generally involve either border security, the current unlawfully present population, or future legal immigration. This report provides the answers to key legal questions related to the various immigration-related actions announced by the Obama Administration.
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.
Iraqi and Afghan Special Immigrant Visa Programs
This report analyzes the special immigrant visas (SIVs) classifications for Iraqis and Afghans within the context of both the larger 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 issuances, and considers challenges that have faced the programs.
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.
Special Immigrant Juveniles: In Brief
This report provides a brief explanation of the statutory basis of special immigrant juvenile (SIJ) status and how it has evolved. It also presents statistics on the number of children who have applied for and received SIJ status since FY2005. The report concludes with a discussion of the applicability of SIJ status for unaccompanied alien children.
Iraqi and Afghan Special Immigrant Visa Programs
This report analyzes the special immigrant visas (SIVs) classifications for Iraqis and Afghans within the context of both the larger 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 issuances, and considers challenges that have faced the programs.
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.
Numerical Limits on Employment-Based Immigration: Analysis of the Per-Country Ceilings
The report opens with brief explanations of the employment-based preference categories and the per-country ceilings governing annual admissions of LPRs. The focus is on the major employment-based preference categories. The report continues with a statistical analysis of the pending caseload of approved employment-based LPR petitions.
U.S. Immigration Policy on Haitian Migrants
The environmental, social, and political conditions in Haiti have long prompted congressional interest in U.S. policy on Haitian migrants, particularly those attempting to reach the United States by boat. While some observers assert that such arrivals by Haitians are a breach in border security, others maintain that these Haitians are asylum seekers following a decades old practice of Haitians coming by boat without legal immigration documents. Migrant interdiction and mandatory detention are key components of U.S. policy toward Haitian migrants, but human rights advocates express concern that Haitians are not afforded the same treatment as other asylum seekers.
Temporary Protected Status: Current Immigration Policy and Issues
When civil unrest, violence, or natural disasters erupt in spots around the world, concerns arise over the safety of foreign nationals residing in the United States who are from these troubled places. Provisions exist in the Immigration and Nationality Act (INA) to offer temporary protected status (TPS) or relief from removal under specified circumstances. A foreign national who is granted TPS receives a registration document and an employment authorization for the duration of TPS. The United States currently provides TPS or deferred enforced departure (DED) to over 300,000 foreign nationals from a total of eight countries: El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, and most recently Southern Sudan and Syria.
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.
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.
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.
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.
Permanent Legal Immigration to the United States: Policy Overview
No Description Available.
Diversity Immigrant Visa Lottery Issues
This report looks at controversies surrounding the diversity immigrant visa lottery, which encourages legal immigration from countries other than the major sending countries of current immigrants to the U.S.
Numerical Limits on Permanent Employment-Based Immigration: Analysis of the Per-country Ceilings
The report opens with brief explanations of the employment-based preference categories and the per-country ceilings governing annual admissions of lawful permanent residents (LPRs). It continues with a statistical analysis of the pending caseload of approved employment-based LPR petitions and concludes with a set of legislative options to revise per-country ceilings that are meant to serve as springboards for further discussions.
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.
The U.S. Foreign-Born Population: Trends and Selected Characteristics
This report offers context for consideration of immigration policy options by presenting data on key geographic, demographic, social, and economic characteristics of the foreign-born population residing in the United States. Interest in the U.S. foreign-born population stems in part from the changing demographic profile of the United States as well as the rapidity of such change, and how both of these trends correspond to U.S. immigration policy.
Overview of Immigration Issues in the 112th Congress
This report synthesizes immigration issues as a multi-tiered debate. It breaks down the U.S. immigration law and policy into key elements: border control and visa security; legal immigration; documentation and verification; interior immigration enforcement; integration, status, and benefits; and refugees and other humanitarian populations. This report also delineates the debate in the 112th Congress for a range of issues, including border security, criminal aliens, and worksite enforcement.
Overview of Immigration Issues in the 112th Congress
This report synthesizes immigration issues as a multi-tiered debate. It breaks down the U.S. immigration law and policy into key elements: border control and visa security; legal immigration; documentation and verification; interior immigration enforcement; integration, status, and benefits; and refugees and other humanitarian populations. This report also delineates the debate in the 112th Congress for a range of issues, including border security, criminal aliens, and worksite enforcement.
Unauthorized Alien Students: Issues and "DREAM Act" Legislation
In recent years, multiple bills have been introduced in Congress to provide relief to unauthorized alien students. In most cases, these bills have proposed to repeal the 1996 provision and enable certain unauthorized alien students to adjust to legal permanent resident (LPR) status in the United States. These bills have often been entitled the Development, Relief, and Education for Alien Minors Act, or the DREAM Act. This report discusses the background and debate surrounding "Dream Act" legislation in the 110th and 111th Congress.
Unauthorized Alien Students: Issues and "DREAM Act" Legislation
Supporters of comprehensive immigration reform have urged the President and Congress to pursue reform legislation. While legislative action on comprehensive reform does not appear likely during the remainder of the 111th Congress, there may be an effort to enact a measure, commonly referred to as the "DREAM Act," to enable certain unauthorized alien students to legalize their status. This report discusses the DREAM act and related issues.
Unauthorized Alien Students: Issues and "DREAM Act" Legislation
Supporters of comprehensive immigration reform have urged the President and Congress to pursue reform legislation. While legislative action on comprehensive reform does not appear likely during the remainder of the 111th Congress, there may be an effort to enact a measure, commonly referred to as the "DREAM Act," to enable certain unauthorized alien students to legalize their status. This report discusses the DREAM act and related issues.
Unauthorized Alien Students: Issues and “DREAM Act” Legislation
This report looks at the background and history of recent "DREAM Act"s, which address the status of unauthorized alien students. It pays special attention to the June 15, 2012 announcement that come individuals who were brought into the U.S. as children and meet other requirements would be eligible for deferred action for two years.
Unauthorized Alien Students: Issues and “DREAM Act” Legislation
This report discusses the "DREAM Act", a measure to enable certain unauthorized alien students to legalize their status, as well as related issues.
Unauthorized Alien Students: Issues and "DREAM Act" Legislation
The 109th and 110th Congresses considered, but did not enact, comprehensive immigration reform legislation that included large-scale legalization programs for unauthorized aliens. In the aftermath of these unsuccessful efforts, some interested parties have urged the President and Congress to pursue more limited legislation to address the status of unauthorized alien students. Such legislation is commonly referred to as the "DREAM Act."
Family Separation at the Border and the Ms. L. Litigation
This report explores the underlying policies resulting in family separation, the due process issues arguably implicated by these policies, and the political and judicial processes invoked to tackle the issue of family separation.
Immigration Legislation and Issues in the 114th Congress
This report discusses border security, interior enforcement, visa security, asylum, and other immigration-related issues that have received legislative action or are of significant congressional interest in the 114th Congress.
U.S. Family-Based Immigration Policy
This report discusses family based immigration law and policy and arguments for expanding or restricting family-based immigration numbers.
Immigration Officer's Authority to Apprehend and Remove Aliens: Questions and Answers in Brief
This report provides brief answers to some of the questions regarding immigration agents' authority to apprehend and remove aliens; these questions were raised by reports that U.S. Immigration and Customs Enforcement (ICE) agents conducted enforcement actions in at least six states during the week of February 6, 2017.
The Global Compact on Migration (GCM) and U.S. Policy
This report discusses the United Nations' Global Compact on Safe, Orderly and Regular Migration (GCM) and the Trump Administration's withdrawal of the United States from the GCM negotiations.
Sanctuary Jurisdictions and Criminal Aliens: In Brief
This report examines the interplay between the federal government (i.e., Immigration and Customs Enforcement/ICE) and state and local jurisdictions in enforcing immigration law, with a specific focus on noncitizens who have been convicted of a crime. It explores major programs and federal resources available to state and local law enforcement agencies that cooperate with ICE to enforce immigration law.
The DACA and DAPA Deferred Action Initiatives: Frequently Asked Questions
This report provides answers to frequently asked questions about the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiatives.
Border Security: Immigration Inspections at Ports of Entry
This report reviews the legislative history of immigration inspections requirements and the entry-exit system. The report then describes the implementation of these provisions, including pre-travel screening, primary and secondary inspections, trusted traveler programs, outbound enforcement, and the entry-exit system. The final section of the report identifies a number of issues for Congress related to immigration admissions and enforcement at POEs.
Comprehensive Immigration Reform in the 113th Congress: Major Legislative Proposals
For several years, some Members of Congress have favored "comprehensive immigration reform", a label that commonly refers to omnibus legislation that includes increased border security and immigration enforcement, expanded employment eligibility verification, revision of nonimmigrant visas and legal permanent immigration, and legalization for some unauthorized immigrants residing in the country. This report provides a detailed discussion of major legislation related to these issues.
Comprehensive Immigration Reform in the 113th Congress: Short Summary of Major Legislative Proposals
For several years, some Members of Congress have favored "comprehensive immigration reform", a label that commonly refers to omnibus legislation that includes increased border security and immigration enforcement, expanded employment eligibility verification, revision of nonimmigrant visas and legal permanent immigration, and legalization for some unauthorized immigrants residing in the country. This report provides a discussion of major legislation related to these issues.
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.
A Primer on U.S. Immigration Policy
This report provides a broad overview of U.S. immigration policy. The first section addresses policies governing how foreign nationals enter the United States either to reside permanently or to stay temporarily. The second section discusses enforcement policies for excluding foreign nationals from admission into the United States, as well as for detaining and removing those who enter the country unlawfully or who enter lawfully but subsequently commit crimes that make them deportable. The third section addresses policies for unauthorized aliens residing in the United States.
Numerical Limits on Employment-Based Immigration: Analysis of the Per-Country Ceilings
The report opens with brief explanations of the employment-based preference categories and the per-country ceilings governing annual admissions of LPRs. The focus is on the major employment-based preference categories. The report continues with a statistical analysis of the pending caseload of approved employment-based LPR petitions.
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.
District Court Enjoins DACA Phase-out: Explanation and Takeaways
This report is an update of a previous report regarding DACA's phase-out and discusses court injunctions preventing the the phase-out of DACA benefits for those already enrolled and a decision by a Maryland federal court which prevents the Department of Homeland Security (DHS) from using personal information found in DACA applications for law enforcement purposes except by permission of the court in uses needed for national security, public safety, or the public interest.
Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis
This report discusses Temporary Protected Status (TPS) designations and answers questions regarding the recent termination of TPS for those from El Salvador, Nicaragua, Haiti, and Sudan.
Qualifications for President and the "Natural Born" Citizenship Eligibility Requirement
This report discusses the history of the qualifications clause in the Federal Convention of 1787, the Common Law meaning of the term "Natural Born" citizen or subject, and common understanding in 18th Century of the term "Natural Born" citizen.
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