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.
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.”
This report provides a broad, but by no means exhaustive, survey of federal statutes that specifically refer to race, gender, or ethnicity as factors to be considered in the administration of any federal program.
Date: October 1, 2010
Creator: Feder, Jody; Manuel, Kate M. & Taylor, Julia
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.
The first part of this report briefly reviews the judicial evolution of race-based affirmative action, particularly in relation to public education. The report then reviews major rulings involving challenges to the use of race-conscious admissions and hiring practices by public educational institutions, and concludes with a discussion of the implications for the future development of affirmative action law.
This report provides a brief history of federal affirmative action law, including legal and political developments at the federal, state, and local levels. It describes the origins, affirmative action in public education, minority contracting, and recent developments as of 2015.
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