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U.S. Immigration Policy on Temporary Admissions
This report begins with a synthesis of the nonimmigrant categories according to the purpose of the visa. It discusses the periods of admission and length of stay and then summarizes grounds for inadmissibility and removal as well as reasons for termination of status. It describes the circumstances under which nonimmigrants may work in the United States and follows with an analysis of nonimmigrant admissions. The report concludes with a discussion of issues, followed by two detailed tables analyzing key admissions requirements across all nonimmigrant visa types.
Military Base Closures: Socioeconomic Impacts
This report provides background on military base closures and an analysis of community economic impacts, planning for economic redevelopment, and environmental cleanup following closures. The most recent Base Realignment and Closure (BRAC) Commission rejected 13 of the initial Department of Defense recommendations, significantly modified the recommendations for 13 other installations, and approved 22 major closures.
Immigration Legislation and Issues in the 110th Congress
This report discusses immigration-related issues that have seen legislative action or are of significant congressional interest.
Immigration-Related Worksite Enforcement: Performance Measures
Over the past few years, the media have been filled with reports about worksite enforcement operations, commonly referred to as immigration raids. These operations represent the public face of efforts by the Department of Homeland Security to curtail the employment of unauthorized immigrants. According to 2006 estimates, there are some 7.8 million unauthorized workers in the U.S. civilian workforce. Enforcement activity by the Department of Labor (DOL) is also relevant to a discussion of federal efforts to curtail unauthorized employment.
Border Security: The Role of the U.S. Border Patrol
This report includes some issues for Congress to consider which include the slow rate of integration between the United States Border Patrol's (USBP) biometric database of illegal aliens and the Federal Bureau of Investigation's (FBI) biometric database of criminals and terrorists; the number of unauthorized aliens who die attempting to enter the country each year; the organized human smuggling rings that have proliferated as entering the country has become more difficult; and the threat posed by terrorists along the sparsely defended Northern border as well as the more porous Southwest border.
Congress and U.S. Policy on North Korean Human Rights and Refugees: Recent Legislation and Implementation
The passage of the reauthorization of the North Korean Human Rights Act in October 2008 reasserted congressional interest in influencing the Bush Administration's policy toward North Korea. In addition to reauthorizing funding at original levels, the bill expresses congressional criticism of the implementation of the original 2004 law and adjusts some of the provisions relating to the Special Envoy on Human Rights in North Korea and the U.S. resettlement of North Korean refugees. Some outside analysts have pointed to the challenges of highlighting North Korea's human rights violations in the midst of the ongoing nuclear negotiations, as well as the difficulty in effectively reaching North Korean refugees as outlined in the law. Further, the law may complicate coordination on North Korea with China and South Korea.
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 Alien Students, Higher Education, and In-State Tuition Rates: A Legal Analysis
Currently, federal law prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting of "in-state" residency status for tuition purposes. In the 110th Congress, several bills that would amend this federal law have been introduced. Meanwhile, some states have passed laws aimed at making unauthorized state residents eligible for in-state tuition without violating this provision. This report provides a legal overview of cases involving immigrant access to higher education, as well as an analysis of the legality of state laws that make in-state tuition rates available to illegal immigrants.
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 nationals from these troubled places who are in the United States. Provisions exist in the Immigration and Nationality Act (INA) to offer temporary protected status (TPS) or relief from removal under specified circumstances. The United States currently provides TPS to nationals from seven countries: Burundi, El Salvador, Honduras, Liberia, Nicaragua, Somalia, and Sudan. Under the INA, the executive branch grants TPS. Congress, however, has also granted TPS legislatively, and legislation pertaining to TPS has received action in the 110th Congress.
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.
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 nationals from these troubled places who are in the United States. This report discusses provisions that exist in the Immigration and Nationality Act (INA) to offer temporary protected status (TPS) or relief from removal under specified circumstances. The United States currently provides TPS to nationals from seven countries: Burundi, El Salvador, Honduras, Liberia, Nicaragua, Somalia, and Sudan. Under the INA, the executive branch grants TPS. Congress, however, has also granted TPS legislatively, and legislation pertaining to TPS has received action in the 110th Congress.
Instability in Chad
This report discusses the currently volatile political and security situation in Chad. Some issues Chad is currently facing include ethnic clashes, banditry, and fighting between government forces and rebel groups; a large number of displaced persons who have fled Chad to the neighboring nation of Cameroon; an increasing number of refugee influx from the nearby troubled regions of the Central African Republic (CAR) and Sudan's Darfur; and inadequate security forces.
Foreign Science and Engineering Presence in U.S. Institutions and the Labor Force
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. Many in the scientific community maintain that in order to compete with countries that are rapidly expanding their scientific and technological capabilities, the country needs to bring to the United States those whose skills will benefit society and will enable us to compete in the new-technology based global economy. This report analyzes this issue in detail and includes discussion of related legislation.
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.
Protecting the U.S. Perimeter: "Border Searches" Under the Fourth Amendment
This report addresses the scope of the government's authority to search and seize individuals at the border pursuant to the constitutional framework that encompasses the border search exception to the warrant and probable cause requirements of the Fourth Amendment. This report also describes the varying levels of suspicion generally associated with each type of border search as interpreted by the courts. In addition, this report highlights some of the border security recommendations made by the 9/11 Commission and legislative actions taken in the 108th, 109th, and 110th Congresses.
Foreign Medical Graduates: A Brief Overview of the J-1 Visa Waiver Program
The Educational and Cultural Exchange Visitor program has become a gateway for foreign medical graduates (FMGs) to gain admission to the United States as nonimmigrants for the purpose of graduate medical education and training. These FMGs either enter under the J-1 nonimmigrant visa or receive waivers that require them to work in a designated healthcare professional shortage area for a minimum of three years. The ability of states to request such waivers is known as the "Conrad State Program," and was added temporarily to the Immigration and Nationality Act (INA) in 1994. It has been extended by the last several Congresses. Legislation has been introduced in the 110th Congress to address the program's expiration.
Immigration Consequences of Criminal Activity
This report discusses the potential immigration consequences of criminal activity. "Criminal activity" generally refers to conduct for which an alien has been found or plead guilty before a court of law, though in limited circumstances consequences may attach to the commission of a crime or admission of acts constituting the essential elements of a crime.
Immigration: Policy Considerations Related to Guest Worker Programs
This report discusses guest worker programs. The United States has two main programs for temporarily importing low-skilled workers, or guest workers. Agricultural guest workers enter through the H-2A visa program, and other guest workers enter through the H-2B visa program.
Alien Smuggling: Recent Legislative Developments
This report discusses issues surrounding aliens within the United States including an overview of currently-proscribed activities, exemptions, sentencing provisions, and proposed legislative changes.
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.
Border Security: Key Agencies and Their Missions
After the massive reorganization of federal agencies precipitated by the creation of the Department of Homeland Security (DHS), there are now four main federal agencies charged with securing the United States' borders: 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). This report briefly describes each agency's role in securing our nation's borders.
Homeland Security: Unmanned Aerial Vehicles and Border Surveillance
Congress has expressed a great deal of interest in using Unmanned Aerial Vehicles (UAVs) to surveil the United States' international land border. This report examines the strengths and limitations of deploying UAVs along the borders and related issues for Congress.
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 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.
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.
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.
State and Local Restrictions on Employing, Renting Property to, or Providing Services for Unauthorized Aliens: Legal Issues and Recent Judicial Developments
This report discusses the constitutional issues raised in relation to state and local laws intended to deter the presence of unauthorized aliens, along with the implications that federal civil rights statutes might have on the implementation and enforcement of measures restricting such persons' ability to obtain employment, housing, or other state and local benefits or services.
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.
Visa Issuances: Policy, Issues, and Legislation
This report opens with an overview of visa issuances, with sections on procedures for aliens coming to live in the United States permanently and on procedures for aliens admitted for temporary stays. It includes a discussion of visa screening policies, including inadmissibility, databases, an analysis of visa refusals, biometric visas and other major visa policy procedures. The final section analyzes selected issues in the 110th Congress, notably new technologies, impact on travel and commerce, and security concerns.
Unauthorized Alien Students: Issues and "DREAM Act" Legislation
Multiple bills have been introduced in recent Congresses to address the unauthorized student population. While there are other options for dealing with this population, this report deals exclusively with the DREAM Act approach of proposing relief for unauthorized students in light of the widespread congressional interest in it.
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.
Foreign Science and Engineering Presence in U.S. Institutions and the Labor Force
This report discusses the increased presence of foreign students in graduate science and engineering programs and in the scientific workforce that 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. Many in the scientific community maintain that in order to compete with countries that are rapidly expanding their scientific and technological capabilities, the country needs to bring to the United States those whose skills will benefit society and will enable us to compete in the new-technology based global economy. This report analyzes this issue in detail and includes discussion of related legislation.
Immigration: Legislative Issues on Nonimmigrant Professional Specialty (H-1B) Workers
This report discusses the latest legislative developments regarding immigration policy for professional workers. It provides analysis for H-1B admissions and legislative issues in the 110th Congress.
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.
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.
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 Issuances: Policy, Issues, and Legislation
This report opens with an overview of visa issuances, with sections on procedures for aliens coming to live in the United States permanently and on procedures for aliens admitted for temporary stays. It includes a discussion of visa screening policies, including inadmissibility, databases, an analysis of visa refusals, biometric visas and other major visa policy procedures. The final section analyzes selected issues in the 110th Congress, notably new technologies, impact on travel and commerce, and security concerns.
U.S. Immigration Policy on Haitian Migrants
This report examines U.S. immigration policy regarding 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 surreptitiously 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 30-year 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 arriving in the United States.
Foreign Science and Engineering Presence in U.S. Institutions and the Labor Force
The scientific community has been divided over proposals to impose stricter immigration limits on people with scientific and technical skills. Attempts to settle upon the balance between the needs for a highly skilled scientific and technical workforce, and the need to protect and ensure job opportunities, salaries, and working conditions of U.S. scientific personnel, will continue to be debated. This report addresses these issues and their implications.
The Effects on U.S. Farm Workers of an Agricultural Guest Worker Program
This report discusses the debate concerning an agricultural guest worker program and the impact such a program might have on U.S. workers. Guest worker programs are meant to assure employers (e.g., fruit, vegetable, and horticultural specialty growers) of an adequate supply of labor when and where it is needed, while not adding permanent residents to the U.S. population. They include mechanisms -- such as the H-2A program's labor certification process -- intended to avoid adversely affecting the wages and working conditions of similarly-employed U.S. workers.
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.
Immigration Consequences of Criminal Activity
This report discusses the potential immigration consequences of criminal activity. “Criminal activity” generally refers to conduct for which an alien has been found or plead guilty before a court of law, though in limited circumstances consequences may attach to the commission of a crime or admission of acts constituting the essential elements of a crime. Consequences may flow from violations of either federal, state or, in many circumstances, foreign criminal law. Some federal crimes are set out in the INA itself — alien smuggling, for example. However, not all violations of immigration law are crimes. Notably, being in the U.S. without legal permission — i.e., being an “illegal alien” — is not a crime in and of itself. Thus, for example, an alien who overstays a student visa may be an “illegal alien,” in that the alien may be subject to removal from the U.S., but such an alien is not a “criminal alien.”
Immigration Consequences of Criminal Activity
Congress has the authority to determine classes of aliens who may be admitted into the United States and the grounds for which they may be removed. Pursuant to the Immigration and Nationality Act (INA), as amended, certain conduct may either disqualify an alien from entering the United States ("inadmissibility") or provide grounds for his or her removal/deportation. Prominently included among this conduct is criminal activity. This report explores this issue in-depth, especially the difference between the terms "illegal alien" and "criminal alien" and relevant legislation.
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.
Foreign Students in the United States: Policies and Legislation
Issues and legislation related to foreign students continue to arise. The funding and English-language competency of foreign students have raised concerns with some universities, advocacy groups, and other observers. Additionally, some recent legislation has focused on attracting foreign students in science, technology, engineering, and mathematics (STEM) fields. Legislation passed in the Senate (S. 2611) would create pathways to citizenship for foreign students in the STEM fields of study. Although there are provisions in this legislation for undergraduate students, the major focus has been on students obtaining advanced degrees.
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.
Border Security: Barriers Along the U.S. International Border
Congress has been considering expanding the barriers currently deployed along the U.S. international land border. Currently, the United States Border Patrol (USBP) deploys fencing, which aims to impede the illegal entry of individuals, and vehicle barriers, which aim to impede the illegal entry of vehicles (but not individuals) along the border. A number of policy issues concerning border barriers generally and fencing specifically may be of interest to Congress, including, but not limited to: their effectiveness; their costs versus their benefits; their location; their design; and their potential diplomatic ramifications. Prominent bills include House-passed H.R. 4437 and H.R. 6061, and Senate-passed S. 2611, and H.R. 5631.
Selected Procedural Safeguards in Federal, Military, and International Courts
No Description Available.
Selected Procedural Safeguards in Federal, Military, and International Courts
This report provides a brief overview of procedural rules applicable in selected historical and contemporary tribunals for the trials of war crimes suspects. The chart that follows compares selected procedural safeguards employed in criminal trials in federal criminal court with parallel protective measures in military general courts-martial, international military tribunals used after World War II, including the International Military Tribunal (IMT or "Nuremberg Tribunal"), and the International Criminal Courts for the former Yugoslavis (ICTY) and Rwanda (ICTR).
Foreign Science and Engineering Presence in U.S. Institutions and the Labor Force
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 explains this issue in detail, as well as probable causes of said incongruity.