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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.

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.

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

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

Environmental Considerations in Federal Procurement: An Overview of the Legal Authorities and Their Implementation

Description: This report discusses issues about the role of environmental considerations in federal procurement. These include: to what extent do agencies consider environmental factors when procuring goods or services? What legal authorities presently require or allow agencies to take environmental factors into account when acquiring goods or services?
Date: June 21, 2010
Creator: Manuel, Kate M. & Halchin, L. Elaine

The "8(a) Program" for Small Businesses Owned and Controlled by the Socially and Economically Disadvantaged: Legal Requirements and Issues

Description: This report provides a brief history of the 8(a) Program, summarizes key requirements, and discusses legal challenges alleging that the program's presumption that members of certain racial and ethnic groups are socially disadvantaged violates the constitutional guarantee of equal protection.
Date: October 12, 2012
Creator: Manuel, Kate M. & Luckey, John R.

Contracting with Inverted Domestic Corporations: Answers to Frequently Asked Questions

Description: Recent reports that certain entities continued to receive federal government contracts after reincorporating overseas have prompted questions about current and proposed restrictions on contracting with “inverted domestic corporations.” These questions are shaped, in part, by the broader debate over whether such corporations are to be seen as “deserters,” who change their corporate citizenship to avoid paying U.S. taxes, or as evidencing systemic problems in the U.S. tax code. This report provides the answers to 14 frequently asked questions regarding the current restrictions on contracting with inverted domestic corporations, proposed amendments thereto, and the relationship between prohibitions upon contracting with inverted domestic corporations and other provisions of law that restrict dealings with “foreign” contractors.
Date: May 11, 2015
Creator: Manuel, Kate M. & Lunder, Erika K.

Contracting with Inverted Domestic Corporations: Answers to Frequently Asked Questions

Description: Recent reports that certain entities continued to receive federal government contracts after reincorporating overseas have prompted questions about current and proposed restrictions on contracting with “inverted domestic corporations.” These questions are shaped, in part, by the broader debate over whether such corporations are to be seen as “deserters,” who change their corporate citizenship to avoid paying U.S. taxes, or as evidencing systemic problems in the U.S. tax code. This report provides the answers to 14 frequently asked questions regarding the current restrictions on contracting with inverted domestic corporations, proposed amendments thereto, and the relationship between prohibitions upon contracting with inverted domestic corporations and other provisions of law that restrict dealings with “foreign” contractors.
Date: November 7, 2014
Creator: Manuel, Kate M. & Lunder, Erika K.

Contracting with Inverted Domestic Corporations: Answers to Frequently Asked Questions

Description: This report provides the answers to 14 frequently asked questions regarding the current restrictions on contracting with inverted domestic corporations; certain amendments thereto proposed, but not enacted, in the 113th Congress; and the relationship between the prohibitions upon contracting with inverted domestic corporations and other provisions of law that restrict dealings with "foreign" contractors.
Date: February 6, 2015
Creator: Manuel, Kate M. & Lunder, Erika K.

Federal Contracting and Subcontracting with Small Businesses: Issues in the 112th Congress

Description: Congress has generally broad authority to impose requirements upon the federal procurement process, or the process whereby agencies obtain goods and services from the private sector. One of the many ways in which Congress has exercised this authority is by enacting measures intended to promote contracting and subcontracting with "small businesses" by federal agencies. This report describes and analyzes measures that Members of the 112th Congress have enacted or proposed in response to particular issues pertaining to small business contracting and subcontracting.
Date: March 7, 2012
Creator: Manuel, Kate M. & Lunder, Erika K.

Government Procurement in Times of Fiscal Uncertainty

Description: When confronted with actual or potential funding gaps, funding shortfalls, or budget cuts, the federal government has a number of options as to prospective and existing procurement contracts. Many of these options arise from contract law and, in particular, certain standard clauses included in federal procurement contracts. Among other things, these clauses allow the government to (1) unilaterally change certain terms of the contract, such as the specifications or the method and manner of performing the work; (2) delay, suspend, or "stop work" on the contract; and (3) terminate the contract for the government's convenience. However, courts have also found that the government has certain rights because it is the government, regardless of whether the contract provides for these rights. Such rights are commonly described as "inherent rights," and include the right to terminate the contract for convenience and, according to one tribunal, the right to suspend work.
Date: April 6, 2012
Creator: Manuel, Kate M. & Lunder, Erika K.

Legal Authorities Governing Federal Contracting and Subcontracting with Small Businesses

Description: This report provides an overview of the various legal authorities governing small business contracting and subcontracting, as well as the relationship between them. It also explains the roles of the Small Business Administration (SBA), procuring activities, Office of Hearings and Appeals (OHA), Government Accountability Office (GAO), and other tribunals in implementing and construing the law governing federal contracting and subcontracting with small businesses.
Date: February 23, 2015
Creator: Manuel, Kate M. & Lunder, Erika K.

Legal Authorities Governing Federal Contracting and Subcontracting with Small Businesses

Description: Congress has generally broad authority to impose requirements upon the federal procurement process, or the process whereby agencies obtain goods and services from the private sector. One of the many ways in which Congress has exercised this authority is by enacting measures intended to promote contracting and subcontracting with "small businesses" by federal agencies.
Date: March 7, 2012
Creator: Manuel, Kate M. & Lunder, Erika K.

Insourcing Functions Performed by Federal Contractors: An Overview of the Legal Issues

Description: Recent Congresses and the Obama Administration have taken numerous actions to promote "insourcing," or the use of government personnel to perform functions that contractors previously performed on behalf of federal agencies. Among other things, the 109th through the 111th Congresses enacted several statutes requiring the development of policies and guidelines to ensure that agencies "consider" using government employees to perform functions previously performed by contractors, as well as any new function.
Date: May 5, 2011
Creator: Manuel, Kate M. & Maskell, Jack

Insourcing Functions Performed by Federal Contractors: An Overview of the Legal Issues

Description: Recent Congresses and the Obama Administration have taken numerous actions to promote "insourcing," or the use of government personnel to perform functions that contractors have performed on behalf of federal agencies. Members of the 112th Congress have introduced several measures which seek to ensure that certain contractors have standing to challenge insourcing determinations; would provide for additional review of insourcing determinations that affect small businesses; or could otherwise constrain insourcing initiatives.
Date: May 7, 2012
Creator: Manuel, Kate M. & Maskell, Jack

Insourcing Functions Performed by Federal Contractors: An Overview of the Legal Issues

Description: This report provides a brief overview of key legal issues related to recent insourcing initiatives. Recent Congresses and the Obama Administration have taken numerous actions to promote "insourcing," or the use of government personnel to perform functions that contractors previously performed on behalf of federal agencies. Among other things, the 109th through the 111th Congresses enacted several statutes requiring the development of policies and guidelines to ensure that agencies "consider" using government employees to perform functions previously performed by contractors, as well as any new function.
Date: June 8, 2011
Creator: Manuel, Kate M. & Maskell, Jack

Insourcing Functions Performed by Federal Contractors: Legal Issues

Description: "This report provides a brief overview of key legal issues related to recent insourcing initiatives. While agencies are prohibited by federal law and policy from contracting out functions that are "inherently governmental," other functions could potentially be contracted out. There has long been debate over both general government policies promoting the use of the private sector to perform "commercial functions," and whether specific functions should be performed by government personnel or contractors. However, since 2008, the insourcing initiatives of recent Congresses and the Obama Administration have generated particular controversy.5 Several lawsuits have been filed challenging agencies' determinations to insource particular functions,and broader questions have been raised as to whether agencies' implementation of insourcing runs afoul of civil service, ethics, or small business laws." (p. 1).
Date: February 22, 2013
Creator: Manuel, Kate M. & Maskell, Jack