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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.
Plan to Restrict Federal Grants to "Sanctuary Jurisdictions" Raises Legal Questions
This report provides a description of Executive Order (EO) 13768 "Enhancing Public Safety in the Interior of the United States" issued on January 25, 2017 by President Trump. It highlights, in particular, potential questions about how the EO could be construed in regard to "sanctuary cities" and briefly discusses the claims made by those jurisdictions challenging the EO.
Overview of "Travel Ban" Litigation and Recent Developments
This report provides an overview of the series of three executive actions -- (the first two taking the form of executive orders, and the third issued as a presidential proclamation) commonly referred to as the "Travel Ban," which restrict the entry of specified categories of non-U.S. nationals (aliens) into the United States -- as well as the litigation related to those executive actions.
Rescission of the Wet-Foot/Dry-Foot Policy as to Aliens from Cuba Raises Legal Questions
This report provides answers to frequently asked questions about the legal implications of the Obama Administration's changes in policy as to Cuban citizens and nationals with the announcement of the rescission of the wet-foot/dry-foot immigration policy.
Alien Registration Requirements: Obama Administration Removes Certain Regulations, but Underlying Statutory Authority Remains
This report briefly surveys the legal authorities that underlay the implementation of the National Security Entry-Exit Registration System (NSEERS), as well as the authorities that remain available to the Executive notwithstanding the recent rule change by President Obama on December 23, 2016 which removed the regulations for the system.
President Trump's Proclamation on Enhanced Vetting of Foreign Nationals from Designated Countries
This report discusses President Trump's Proclamation on on Enhanced Vetting for Foreign Nationals from Designated Countries which was issued on September 24, 2017 and is a newly revised version of the previously blocked executive orders which blocked entry to people from certain Muslim-majority countries and refugees temporarily. The new list of countries with travel bans or special scrutiny consists of Iran, Libya, Somalia, Syria, Yemen, North Korea, Chad, and Venezuela (only certain government officials). These countries were selected based on Department of Homeland Security evaluations on identity management strategies, information sharing, and national security and public safety risk. The types of bans for each countries and exceptions are also discussed.
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).
Unauthorized Childhood Arrivals: Legislative Options
This report discusses bills proposed in Congress that either would provide temporary protection from removal or paths to citizenship for Deferred Action for Childhood Arrivals (DACA) recipients in the wake of the announcement of the phasing out of the DACA program.
Reception and Placement of Refugees in the United States
This report discusses the U.S. Refugee Admissions Program (USRAP), which is managed by the Department of State (DOS), responsible for resettling refugees from around the world in the United States.
Deferred Action for Childhood Arrivals (DACA): Frequently Asked Questions
This report answers frequently asked questions about the DACA (Deferred Action for Childhood Arrivals) program and the recent announcement on September 5, 2017 that the program was being rescinded.
The Legal and Practical Effects of Private Immigration Legislation and Recent Policy Changes
This report discusses the use of private immigration bills in Congress which allow Congress to grant permanent residency status to an immigrant who is not eligible under normal immigration procedures but that they deem to have extraordinary equities in the United States. It also addresses the announcement of new rules by the Immigration and Citizenship Enforcement Department (ICE) that limit stays of removal granted to immigrants who are proposed beneficiaries of a private immigration bill in Congress.
The End of the Deferred Action for Childhood Arrivals (DACA) Program: Some Immediate Takeaways
This report outlines some of the major implications of ending the Deferred Action for Childhood Arrivals (DACA) Program, including common questions about what happens to current DACA recipients, and possibilities for Congress to consider.
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.
Temporary Protected Status: Current Immigration Policy and Issues
This report is a brief overview of current policies regarding temporary 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.
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.
Executive Authority to Exclude Aliens: In Brief
This report provides a brief overview of the Executive's authority under these provisions of Section 212(f) in the Immigration and Nationality Act (INA). It also briefly describes other provisions.
Unaccompanied Alien Children: An Overview
This report opens with an analysis of recent unaccompanied alien children (UAC) apprehension data. It then discusses current policy on the treatment, care, and custody of the population, with a description of the responsibilities of each federal agency involved with the population. The report also discusses administrative and congressional actions to deal with the UAC surge in FY2014 and ongoing action to address possible future surges.
President Trump's Executive Order on Suspending Entry of Select Foreign Nationals: The Seven Countries
This report the executive order (EO) entitled "Protecting the Nation from Foreign Terrorists Entry Into the United States." Invoking Immigration and Nationality Act (INA) §212(f), the President barred citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States for 90 days, with limited exceptions for those traveling on diplomatic and certain other types of visas.
Iraqi and Afghan Special Immigrant
This report analyzes the special immigrant visas (SIVs) classifications for Iraqis and Afghans within the context of both the larger 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.
Sanctuary Jurisdictions: Congressional Action and President Trump's Interior Enforcement Executive Order
This report discusses President Trump's executive order (EO) "Enhancing Public Safety in the Interior of the United States" issued on January 25, 2017, which seeks, among other things, to penalize "sanctuary jurisdictions." The term refers to states and localities that limit their cooperation with federal agencies on immigration law enforcement.
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.
U.S. Policy on Cuban Migrants: In Brief
This report discusses the U.S. policy on Cuban migration that has been shaped by a 1966 law known as the Cuban Adjustment Act, as amended, and U.S.-Cuban migration agreements signed in the mid-1990s, operating in conjunction with the Immigration and Nationality Act (INA).
Noncitizen Eligibility for Federal Public Assistance: Policy Overview
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.
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.
State Challenges to Federal Enforcement of Immigration Law: From the Mid-1990s to the Present
This report provides an overview of challenges by states to federal officials' alleged failure to enforce provisions of immigration law. It begins by discussing (1) the lawsuits filed by six states in the mid-1990s; (2) Arizona's counterclaims to the federal government's suit to enjoin enforcement of S.B. 1070; and (3) Mississippi's challenge to the Deferred Action for Childhood Arrivals (DACA) initiative. It then describes the challenge brought by over 25 states or state officials in December 2014 to the Obama Administration's proposal to expand DACA and create a similar program for unauthorized aliens whose children are U.S. citizens or lawful permanent resident aliens (LPRs) (commonly known as DAPA).
Interior Immigration Enforcement: Criminal Alien Programs
This report describes four programs operated by the Department of Homeland Security's (DHS) Immigration and Customs Enforcement (ICE) to identify and remove criminal and other removable aliens.
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.
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.
What Does the Supreme Court's 4-4 Split in Texas Mean for Future Executive Action as to Immigration?
This legal sidebar discusses the Supreme Court's recent 4-4 split in Texas v. United States and how it might affect the Executive's ability to "go it alone" on immigration in the future. The nominee or presumptive nominee for President of both major political parties has expressed a willingness to take certain actions as to immigration on his or her own, without waiting for Congress to enact further legislation (although the specific actions they would take vary, depending upon their policies on immigration and other issues).
A Resurgence of Unaccompanied Alien Children?
This report briefly examines the recently-high number of unaccompanied alien children (UAC). In the first seven months of FY2016, apprehensions at the U.S.-Mexico border have approached levels close to what they were in FY2014 when such migration flows reached what were characterized as "crisis" proportions.
Unaccompanied Alien Children: An Overview
This report opens with an analysis of recent unaccompanied alien children (UAC) apprehension data. It then discusses current policy on the treatment, care, and custody of the population, with a description of the responsibilities of each federal agency involved with the population. The report then discusses both administrative and congressional actions to deal with the UAC surge in FY2014 and ongoing action to address possible future surges.
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.
Remittances: Background and Issues for Congress
This report focuses on remittances, transfers of money and capital, sent by migrants and foreign immigrant communities from the United States to their home country. At over $432 billion in 2015, remittances sent home by international migrants to developing countries is larger than official development assistance (ODA) and more stable than private capital flows to these countries.
Frequently Asked Questions Regarding the Supreme Court's 4-4 Split on Immigration
This report addresses commonly asked questions regarding the Supreme Court's evenly-divided June 23, 2016 decision about immigration. Consistent with recent practice, the decision affirms without any opinion or indication of the Justices' voting alignment an earlier decision of the U.S. Court of Appeals for the Fifth Circuit barring the Obama Administration from implementing two initiatives that would potentially have granted relief from removal to millions of aliens who entered or remained in the United States in violation of federal immigration law and lack legal immigration status.
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.
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.
U.S. Immigration Policy: Chart Book of Key Trends
This report is a chart book of selected immigration trends. Key immigration issues that Congress has considered in recent years include increased border security and immigration enforcement, expanded employment eligibility verification, reforms to the system for legal temporary and permanent immigration, and options to address the millions of unauthorized aliens residing in the country.
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.
Federal Court Declines to Bar the Resettlement of Syrian Refugees in Texas
This legal sidebar discusses a federal district court's decision to deny the State of Texas's request that the federal government and a private refugee relief organization be temporarily barred from resettling Syrian refugees within the state pending resolution of Texas's challenge to such resettlement.
Temporary Protected Status: Current Immigration Policy and Issues
This report is a brief overview of current policies regarding temporary 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.
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.
U.S. Family-Based Immigration Policy
This report provides an examination of family-based immigration policy. It outlines a brief history of U.S. policies, discusses current law governing admissions, and summarizes recommendations made by previous congressionally-mandated committees charged with evaluating immigration policy. It then presents descriptive figures on legal immigrants entering the United States during the past decade and discusses the sizable queue of approved immigrant petitioners waiting for an immigrant visa. It closes by discussing selected policy issues.
Border Security Metrics Between Ports of Entry
This report provides background and information about performance and operational metrics related to U.S. border security as well as issues for Congressional consideration.
Unaccompanied Alien Children--Legal Issues: Answers to Frequently Asked Questions
This report addresses the questions regarding the number of children arriving at the United States southern border, their reasons for coming to the United States, and current and potential responses of the federal government and other entities to their arrival.
President Obama's $1 Billion Foreign Aid Request for Central America
This report discusses the Obama Administration's recent request for over $1 billion in foreign assistance during FY2016 to support a whole-of-government "U.S. Strategy for Engagement in Central America."
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.
Temporary Professional, Managerial, and Skilled Foreign Workers: Policy and Trends
This report opens with an overview of the policy issues that pertain to foreign workers. It follows with a summary of each of the various visa categories available for temporary professional, managerial, and skilled foreign workers, as well as an analysis of the trends seen with the use of these various visas over the past two decades. This workforce is seen by many as a catalyst of U.S. global economic competitiveness. The challenge central to the policy debate is facilitating the migration of foreign workers without adversely affecting U.S. workers and U.S. students entering the labor market.
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.
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.
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.