Congressional Research Service Reports - 533 Matching Results

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Asylum and Gang Violence: Legal Overview

Description: This report discusses the basis for asylum in International and U.S. Law. The recent increase in the number of unaccompanied alien children (UACs) apprehended at the border between Mexico and the United States has raised questions about the role that gang-related violence in Central America may play in determining whether such children are eligible for refugee status and asylum.
Date: September 5, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Immigration Detainers: Legal Issues

Description: "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).
Date: October 6, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Immigration Detainers: Legal Issues

Description: 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.
Date: May 7, 2015
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Immigration Detainers: Legal Issues

Description: 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.
Date: April 24, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Immigration Detainers: Legal Issues

Description: Report that 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.
Date: May 29, 2013
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Immigration Detainers: Legal Issues

Description: Report that 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.
Date: August 31, 2012
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

The Obama Administration's November 2014 Immigration Initiatives: Questions and Answers

Description: 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.
Date: November 24, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

State Challenges to Federal Enforcement of Immigration Law: From the Mid-1990s to the Present

Description: 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).
Date: August 1, 2016
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation

Description: 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.
Date: December 31, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Unauthorized Aliens, Higher Education, In-State Tuition, and Financial Aid: Legal Analysis

Description: 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.
Date: January 11, 2016
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Unaccompanied Alien Children--Legal Issues: Answers to Frequently Asked Questions

Description: 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.
Date: January 27, 2016
Creator: Manuel, Kate M. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Executive Discretion as to Immigration: Legal Overview

Description: This report provides an overview of the three broad types of discretion that the Executive can be seen to have as to immigration: (1) express delegations of discretionary authority; (2) discretion in enforcement (commonly known as prosecutorial or enforcement discretion); and (3) discretion in interpreting and applying statutes.
Date: November 10, 2014
Creator: Manuel, Kate M. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department

Unaccompanied Alien Children--Legal Issues: Answers to Frequently Asked Questions

Description: 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
Date: July 18, 2014
Creator: Manuel, Kate M. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department

Unaccompanied Alien Children--Legal Issues: Answers to Frequently Asked Questions

Description: This report addresses the questions regarding the numbers of unaccompanied alien children involved, their reasons for coming to the United States, and current and potential responses of the federal government and other entities to their arrival.
Date: June 27, 2014
Creator: Manuel, Kate M. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department

Unlawfully Present Aliens, Driver's Licenses, and Other State-Issued ID: Select Legal Issues

Description: This report provides an overview of key legal issues raised by state laws regarding the denial or issuance of driver's licenses and other forms of ID to unlawfully present aliens, as well as by state and local approaches to recognizing foreign-issued ID documents.
Date: March 28, 2014
Creator: Manuel, Kate M. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department

Prosecutorial Discretion in Immigration Enforcement: Legal Issues

Description: This report begins by discussing the sources of federal power to regulate immigration and, particularly, the allocation of power between Congress and the President in this area. It next addresses the constitutional and other foundations for the doctrine of prosecutorial discretion, as well as the potential ways in which prosecutorial discretion may be exercised in the immigration context. It concludes by addressing potential constitutional, statutory, and administrative constraints upon the exercise of prosecutorial discretion.
Date: January 17, 2013
Creator: Manuel, Kate M. & Garvey, Todd
Partner: UNT Libraries Government Documents Department

State and Local Restrictions on Employing, Renting Property to, or Providing Services for Unauthorized Aliens: Legal Issues and Recent Judicial Developments

Description: This report discusses the constitutional issues raised by state and local laws intended to deter the presence of unauthorized aliens by limiting their access to housing, employment, and public benefits, as well as the implications that federal civil rights statutes might have for the implementation and enforcement of these laws. It also discusses recent federal court cases addressing the constitutionality of such measures.
Date: December 20, 2010
Creator: Manuel, Kate M.; Feder, Jody & Smith, Alison M.
Partner: UNT Libraries Government Documents Department

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

Description: On April 23, 2010, Arizona enacted S.B. 1070, which is designed to discourage and deter the entry or presence of aliens who lack lawful status under federal immigration law. This report discusses this piece of legislation and some of the notable preemption issues raised by 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.
Date: September 14, 2010
Creator: Manuel, Kate M.; Garcia, Michael John & Eig, Larry M.
Partner: UNT Libraries Government Documents Department

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

Description: 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.
Date: September 14, 2010
Creator: Manuel, Kate M.; Garcia, Michael John & Eig, Larry M.
Partner: UNT Libraries Government Documents Department