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Immigration Reform 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.
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).
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.
U.S. Immigration Policy on Temporary Admissions
This report begins with a discussion of the policy tensions surrounding temporary admissions. It follows 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 also describes the circumstances under which nonimmigrants may work in the United States. The second portion of the report analyzes trends in temporary migration. It describes changes over time in nonimmigrant visas issued and nonimmigrant admissions. Various data on nonimmigrants who establish residence in the United States are also discussed. The report concludes with two detailed tables analyzing key admissions requirements across all nonimmigrant visa types.
U.S. Family-Based Immigration Policy
Report that provides background information and discussion related to immigration issues.
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.
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.
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.
U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) Program
This report provides a summary of the statutory history of the automated entry and exit data system, which was renamed the U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) Program by the Bush Administration. It also discusses other laws that affect the implementation of the system and provides an analysis of the documentary requirements under current law. The report also discusses efforts to implement the program and selected issues associated with its development and implementation.
Immigration: Analysis of the Major Provisions of H.R. 418, the REAL ID Act of 2005
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Immigration: Analysis of the Major Provisions of the REAL ID Act of 2005
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Immigration Legislation and Issues in the 105th Congress
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Immigration: Adjustment to Permanent Residence Status under Section 245(i)
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Immigration Legislation and Issues in the 109th Congress
Security concerns are figuring prominently in the development of and debate on immigration legislation in the 109th Congress. The REAL ID Act, passed in May 2005, contains a number of immigration and identification document-related provisions intended to improve homeland security. Among these are provisions to make changes to the Immigration and Nationality Act (INA) with respect to asylum and other forms of relief from removal; to expand the terrorism-related grounds for alien inadmissibility and deportation; and to set standards for state-issued drivers' licenses and personal identification cards. H.R. 4437 contains provisions on border security, the role of state and local law enforcement, employment eligibility verification and worksite enforcement, smuggling, detention, and other enforcement-related issues.
Immigration Legislation and Issues in the 107th Congress
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Immigration Legislation and Issues in the 107th Congress
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Immigration Legislation and Issues in the 107th Congress
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Immigration Legislation and Issues in the 107th Congress
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Immigration Legislation and Issues in the 106th Congress
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Immigration Legislation and Issues in the 108th Congress
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Immigration Legislation and Issues in the 107th Congress
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Immigration Legislation and Issues in the 108th Congress
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Immigration Legislation and Issues in the 109th Congress
This report discusses a number of immigration reform-related issues that have seen legislative action or are of significant congressional interest.
Immigration Legislation and Status Adjustment Legislation
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Immigration Legislation and Status Adjustment Legislation
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Immigration: S Visas for Criminal and Terrorist Informants
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Immigration: S Visas for Criminal and Terrorist Informants
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Immigration and Naturalization Fundamentals
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Immigration Legislation and Issues in the 106th Congress
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Immigration: Terrorist Grounds for Exclusion of Aliens
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Immigration: Terrorist Grounds for Exclusion and Removal of Aliens
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Immigration: Terrorist Grounds for Exclusion and Removal of Aliens
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Immigration: Terrorist Grounds for Exclusion and Removal of Aliens
The Immigration and Nationality Act (INA) spells out a strict set of admissions criteria and exclusion rules for all foreign nationals who come permanently to the United States as immigrants (i.e., legal permanent residents) or temporarily as nonimmigrants. This report opens with an overview of the grounds for inadmissibility and summarizes key legislation enacted in recent years. Where relevant, the report discusses how recently enacted legislation, including the REAL ID Act, affects these matters. This report also briefly discusses two recent proposals that would modify the terrorism-related provisions of the INA.
Immigration: The New Affidavit of Support - Questions, Answers, and Issues
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Immigration: Visa Waiver Pilot Program
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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.
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.
Authority to Enforce the Immigration and Nationality Act (INA) in the Wake of the Homeland Security Act: Legal Issues
For decades, the administrative authority to interpret, implement, enforce, and adjudicate immigration law within the U.S. lay almost exclusively with one officer: the Attorney General. The most general statement of this power was found in §103(a)(1) of the Immigration and Nationality Act of 1952 (INA), the statute that comprehensively regulates immigration law in the United States. With the transfer of nearly all immigration functions to the Department of Homeland Security on March 1, 2003, however, §103(a)(1) of the INA has necessarily required various modifications to clarify the respective authorities newly obtained by the Secretary of Homeland Security and retained by the Attorney General.
U.S. Citizenship and Immigration Services' Immigration Fees and Adjudication Costs: Proposed Adjustments and Historical Context
This report discusses the U.S. Citizenship and Immigration Service's (USCIS) newly proposed fee schedule for immigration services. Issues for Congress to consider might include how USCIS fees have been computed and justified; whether anticipated revenue from revised fees will cover agency costs; how fiscal shortfalls might be funded; and what impact higher fees might have on the applicant pool.
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.
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).
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.
State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation
This report provides an overview of prior and pending challenges by states to federal officials' alleged failure to enforce the Immigration and Nationality Act (INA) or other provisions of immigration law. It begins by discussing the lawsuits filed by six states in the mid-1990s; Arizona's counterclaims to the federal government's suit to enjoin enforcement of S.B. 1070; and Mississippi's challenge to the Deferred Action for Childhood Arrivals (DACA) initiative. It then describes the challenge brought by over 20 states in 2014 to the recently announced expansion of DACA and the creation of a similar program for unlawfully present aliens whose children are U.S. citizens or lawful permanent resident aliens (LPRs). The report concludes by exploring how the pending litigation resembles, and differs from, the prior litigation.
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.
Alien Removals and Returns: Overview and Trends
This report provides an overview of the statutory framework for alien removal and briefly describes the standard removal process. It also describes several streamlined forms of removal, and two alternative forms of removal (often referred to as returns) that exempt aliens from certain penalties associated with formal removal: voluntary departure and withdrawal of petition for admission. In addition, the report discusses recent trends in removals and returns, and concludes with a summary of potential avenues for relief from removal.
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.
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.
Immigration-Related Document Fraud: Overview of Civil, Criminal, and Immigration Consequences
This report discusses the primary civil, criminal, and immigration-related penalties associated with immigration-related document fraud. In order to enter or remain in the United States and be eligible for various immigration-related benefits, non-citizens (aliens) must comply with a number of document requirements under the Immigration and Nationality Act (INA).
Immigration: Analysis of the Major Provisions of H.R. 418, the REAL ID Act of 2005
The 109th Congress is considering several issues carried over from the 108th Congress related to immigration enforcement and identification-document security. This report analyzes the major provisions of House-passed H.R. 418, the REAL ID Act of 2005. It describes relevant current law relating to immigration and document-security matters, how House-passed H.R. 418 would alter current law if enacted, and the degree to which the bill duplicates existing law.
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.