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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.
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.
Immigration: Policy Considerations Related to Guest Worker Programs
This report discusses of guest worker programs that takes place against a backdrop of historically high levels of unauthorized migration to the United States.
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.
Immigration: The Effects on Low-Skilled and High-Skilled Native-Born Workers
The report opens with a discussion of how to analyze the impact of immigrants on the pay and job opportunities of native-born workers. It then uses this framework to examine and interpret the empirical literature on the subject. The report concludes with a discussion of policy implications.
An Overview of Discretionary Reprieves from Removal: Deferred Action, DACA, TPS, and Others
This report provides an overview of the various deferred action immigration programs in the U.S. (DACA, TPS, etc.) and their various regulations and protections.
U.S. Immigration Policy on Permanent Admissions
This report discusses the four major principles underlie current U.S. policy on permanent immigration: the reunification of families, the admission of immigrants with needed skills, the protection of refugees, and the diversity of admissions by country of origin.
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.
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.
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.
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).
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.
The H-2B Visa and the Statutory Cap: In Brief
This report discusses H-2B visas for temporary non-agricultural workers and the statutory cap on the number issued each year along with recent extensions of the cap number due to high-demand from U.S. employers.
Overview of "Travel Ban" Litigation and Recent Developments
This report is an update of an earlier report regarding the "travel ban" litigation going through the courts and includes President Trump's April 10th,2018, executive order lifting travel restrictions on nationals of Chad.
Barriers Along the U.S. Borders: Key Authorities and Requirements
This report discusses key statutory authorities and requirements governing the Department of Homeland Security's (DHS) construction of barriers along the U.S. borders. It also includes appendixes listing federal laws that have been waived by DHS in furtherance of border construction projects.
Immigration Consequences of Criminal Activity
This report identifies the major criminal grounds that may bar an alien from being admitted into the United States or render an alien within the country removable. The report also discusses additional immigration consequences of criminal activity, including those that make an alien ineligible for certain relief from removal, including cancellation of removal, voluntary departure, withholding of removal, and asylum. The report also addresses the criminal grounds that render an alien ineligible to adjust to lawful permanent resident (LPR) status, as well as those grounds barring LPRs from naturalizing as U.S. citizens. The report also discusses the scope of several general criminal categories referenced by the INA, including "crimes involving moral turpitude," "aggravated felonies," and "crimes of violence."
Executive Discretion as to Immigration: Legal Overview
No Description Available.
District Court Decision May Help Pave the Way for Trump Administration's Border Wall Plans
This report discusses the U.S. District for the Southern District of California's recent decision in a case brought by the State of California against the Department of Homeland Security (DHS) regarding DHS's right to waive environmental and other administrative laws for border fence building projects. The court agreed with other court rulings on the issue and affirmed DHS's right to waive the laws.
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.
Immigration: The “H-2A” Temporary Agricultural Worker Program
In recent years, there have been various legislative efforts to modify or supplement the existing H-2A temporary agricultural program authorized by the Immigration and Nationality Act (INA). Concern has centered on making the program easier for growers to use while still maintaining protections for domestic labor. Growers have made limited use of the program in the past and a few years ago program usage was in decline. Current trends, however, show an increase due in part to increased demand from tobacco growers. This report provides information on the H-2A program, illustrates current trends, discusses issues raised by the proposed changes, and tracks pending legislation.
Border Security: CRS Experts
This report includes a table which provides access to names and contact information for CRS experts on policy concerns relating to border security. Policy areas identified include: mission; border surveillance; foreign cooperation; immigration and foreign visitors; intelligence in border and transportation security; operational functions; trade and imports; and transportation systems.
EB-5 Immigrant Investor Visa
This report includes a discussion of the EB-5 visa's requirements and an overview of the Regional Center Program, information on the EB-5 application (petition) process, admissions, and the economic impacts of the visa, a review of policy issues surrounding the visa and the Regional Center Program, and a summary of current legislation on the EB-5 visa and the Regional Center Program in the 114th Congress.
Can Aliens in Immigration Proceedings Be Detained Indefinitely?: High Court Rules on Statutory, but not Constitutional Authority
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.
Foreign Students in the United States: Policies and Legislation
This report examines various issues pertaining to foreign students in the United States. Since the Immigration Act of 1924, the United States has expressly permitted foreign students to study in U.S. institutions. Most foreign students are at least 18 years old and are enrolled in higher education programs. Foreign students are generally considered to enrich cultural diversity of the educational experience for U.S. residents as well as enhance the reputation of U.S. universities as world-class institutions. Concerns have arisen in recent years that have caused Congress to take a new look at the Immigration and Nationality Act (INA) provisions that govern their admission.
The Adverse Effect Wage Rate (AEWR)
This report introduces the adverse effect wage rate (AEWR) and the concerns out of which it grew, from the perspective of labor policy (not of immigration policy). American agricultural employers have long utilized foreign workers on a temporary basis, regarding them as an important manpower resource. Often employed at low wages and under adverse conditions, such alien workers, some argue, may compete unfairly with U.S. workers. To mitigate any "adverse effect" for the domestic workforce, a system of wage floors was developed that applies, variously, both to alien and citizen workers.
Farm Labor: The Adverse Effect Wage Rate (AEWR)
American agricultural employers have long utilized foreign workers on a temporary basis, regarding them as an important labor resource. At the same time, the relatively low wages and adverse working conditions of such workers have caused them to be viewed as a threat to domestic American workers. Some have argued that foreign guest workers compete unfairly with U.S. workers — both in terms of compensation that they are willing to accept and by making it somewhat more difficult for domestic workers to organize and to bargain with management. To mitigate any “adverse effect”for the domestic workforce, a system of wage floors was developed that applies, variously, both to alien and citizen workers: i.e., the adverse effect wage rate (AEWR). This report deals with one element of immigration (i.e., namely the H-2A workers). It introduces the adverse effect wage rate, it examines the concerns out of which it grew, and it explains at least some of the problems that have been encountered in giving it effect.
Border Security: Key Agencies and Their Missions
This report briefly describes the role of various agencies in securing the borders of the United States. These agencies are the Bureau of Customs and Border Protection (CBP), the Bureau of Immigrations and Customs Enforcement (ICE), the United States Coast Guard, and the Transportation Security Administration (TSA).
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