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• Immigration Legislation and Issues in the 108th Congress [Updated February 10, 2004]

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  "The 108th Congress has considered and is considering legislation on a wide range of immigration issues. Chief among these are the transfer of immigration authorities to the Department of Homeland Security (DHS), expedited naturalization through military service, and foreign temporary workers and business personnel. Since passage of the Homeland Security Act of 2002 (P.L. 107-296) and the creation of DHS, Congress has considered legislation to clarify the allocation of immigration authorities between the Secretary of DHS and the Attorney General. P.L. 108-7 amended the Immigration and Nationality Act (INA) in an apparent effort to clarify the authority that was to remain with the Attorney General. H.R. 1416, as passed by the House and reported by the Senate Governmental Affairs Committee, would further amend the INA to remove certain references to the Attorney General. The 108th Congress has enacted a measure on expedited naturalization through military service. P.L. 108-136, the FY2004 Defense Department Authorization bill, amends military naturalization and posthumous citizenship statutes and provides immigration benefits for immediate relatives of U.S. citizen servicemembers who die as a result of actual combat service. In the area of foreign temporary workers and business personnel, the 108th Congress has enacted legislation to implement the Chile (P.L. 108-77) and Singapore (P.L. 108-78) Free Trade Agreements."

  Library of Congress. Congressional Research Service

  Wasem, Ruth Ellen; Siskin, Alison; Bruno, Andorra

  2004-02-10
• Immigration Legislation and Issues in the 111th Congress [January 18, 2011]

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  "The Speaker of the House and the Senate majority leader of the 111th Congress pledged to take up comprehensive immigration reform legislation, the most controversial piece of which concerns unauthorized aliens in the United States. Although the 111th Congress did not take up a comprehensive immigration bill, it did consider a narrower DREAM Act proposal to legalize the status of certain unauthorized alien students. On December 8, 2010, the House approved a version of the DREAM Act as an amendment to an unrelated bill, the Removal Clarification Act of 2010 (H.R. 5281). A cloture motion in the Senate to agree to the House DREAM Act amendment failed on a 55-41 vote on December 18, 2010. The 111th Congress also considered other immigration issues and enacted a number of targeted immigration provisions. It passed legislation (P.L. 111-8, P.L. 111-9, P.L. 111-68, P.L. 111-83) to extend the life of several immigration programs--the E-Verify electronic employment eligibility verification system, the Immigrant Investor Regional Center Program, the Conrad State J-1 Waiver Program, and the special immigrant visa for religious workers--until September 30, 2012. Among the other subjects of legislation enacted by the 111th Congress were border security (P.L. 111-5, P.L. 111-32, P.L. 111-83, P.L. 111-230, P.L. 111-281, P.L. 111-376), refugees (P.L. 111-8, P.L. 111-117), and Haitian migrants (P.L. 111-212, P.L. 111-293). This report discusses these and other immigration-related issues that have received legislative action or are of significant congressional interest. Department of Homeland Security (DHS) appropriations are addressed in CRS Report R40642, 'Homeland Security Department: FY2010 Appropriations,' and, for the most part, are not covered here."

  Library of Congress. Congressional Research Service

  Ester, Karma; Bruno, Andorra; Lee, Margaret Mikyung

  2011-01-18
• U.S. Refugee Resettlement Assistance [January 4, 2011]

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  "In recent years, the United States has admitted an increasingly diverse group of refugees and other humanitarian cases with a diverse set of needs. There seems to be broad consensus that the U.S. refugee resettlement assistance system is not adequately meeting the needs of these new arrivals and is ripe for reform. The National Security Council is leading an interagency review of refugee resettlement, the forthcoming results of which may further energize reform efforts. To help inform possible future efforts to reform the refugee resettlement assistance system, this report discusses existing resettlement assistance programs, key challenges and issues in providing effective assistance, and policy options to reform the current system. To assist newly arriving refugees, the Department of State (DOS) administers a program of initial resettlement known as the Reception and Placement Program. Under this program, public and private, nonprofit entities provide new refugees with initial resettlement services and referrals to other services, as needed."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2011-01-04
• Consular Identification Cards: Domestic and Foreign Policy Implications, the Mexican Case, and Related Legislation [Updated September 30, 2003]

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  "The current debate about consular identification cards in the United States has centered around the matrícula consular, the consular card issued by the Mexican government to its citizens in the United States when they register with a consulate. For this reason, this report focuses mainly on the Mexican matrícula consular. Following the September 11, 2001 attacks, Mexico redesigned and added new features to the matrícula consular to make it a more useful and secure document. In recent years, and especially since September 2001, Mexican consulates in the United States and other interested parties have worked to gain acceptance of the matrícula consular as identification for a variety of purposes, with considerable success. A U.S. federal government interagency working group is in the process of developing recommendations for a federal policy on acceptance of consular identification cards and guidance to state and local government agencies and other entities on acceptance. The matrícula consular raises a number of controversial questions for U.S. domestic and foreign policy. With respect to domestic policy, supporters argue that acceptance of the card is necessary in a post-September 11, 2001 America, where photo identification is required to conduct daily business. They maintain that the card is a secure, reliable, fraud-resistant document that improves public safety and homeland security. Opponents argue that the matrícula consular is needed only by aliens who are illegally present in the United States and serves to undermine U.S. immigration law. They assert that the card is not secure and that its acceptance threatens public safety and homeland security."

  Library of Congress. Congressional Research Service

  Bruno, Andorra; Storrs, K. Larry (Keith Larry), 1937-

  2003-09-30
• Consular Identification Cards: Domestic and Foreign Policy Implications, the Mexican Case, and Related Legislation [Updated March 31, 2005]

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  "The current debate about consular identification cards in the United States has centered around the matrícula consular, the consular identification card issued by Mexican consulates to Mexican citizens in the United States. In May 2003, the Treasury Department issued regulations allowing acceptance of the cards as proof of identity for the purpose of opening a bank account, and the cards are accepted for other purposes as well, including issuance of drivers licenses. Consular identification cards raise issues for domestic policy and foreign policy. With respect to domestic policy, supporters argue that acceptance of the cards is necessary in a post-September 11, 2001 America, where photo identification is required to conduct daily business. They maintain that the card is a secure and fraud-resistant document that improves security and brings people into the open financial community where transactions can be monitored more easily. Opponents argue that the cards are not secure and are needed only by aliens who are illegally present in the United States and serve to undermine U.S. immigration policy. In the area of foreign policy, supporters maintain that U.S. acceptance of the cards has improved bilateral relations with an important neighboring country. They argue that the cards help U.S. officials to notify consulates of the detention of foreign nationals and improve the likelihood that U.S. citizens will have the benefit of consular notification. Opponents contend that regulation of the cards is necessary to reinforce immigration policy and to defend against terrorism."

  Library of Congress. Congressional Research Service

  Bruno, Andorra; Storrs, K. Larry (Keith Larry), 1937-

  2005-03-31
• Unauthorized Aliens in the United States [April 27, 2010]

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  "The unauthorized alien (illegal alien) population in the United States is a key and controversial immigration issue. In recent years, competing views on how to address this population have proved to be a major obstacle to enacting comprehensive immigration reform legislation. The unauthorized alien issue is likely to be a key challenge if, as the Senate Majority Leader and the Speaker of the House have indicated, the 111th Congress takes up immigration reform legislation this year. It is unknown, at any point in time, how many unauthorized aliens are in the United States, what countries they are from, when they came to the United States, where they are living, and what their demographic, family, and other characteristics are. Demographers develop estimates about unauthorized aliens using available survey data on the U.S. foreign-born population. These estimates can help inform possible policy options to address the unauthorized alien population. According to recent estimates by the Department of Homeland Security (DHS), approximately 10.8 million unauthorized aliens were living in the United States in January 2009. Using different sources, the Pew Hispanic Center has estimated the March 2008 unauthorized resident population at about 11.9 million."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2010-04-27
• Immigration Legislation and Issues in the 111th Congress [November 4, 2009]

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  "The Speaker of the House and the Senate Majority Leader have pledged to take up comprehensive immigration reform legislation at some point in the 111th Congress. It is unclear what the components of any immigration reform proposals that Congress may consider will be. In the past, comprehensive bills have addressed border security, enforcement of immigration laws within the United States (interior enforcement), employment eligibility verification, temporary worker programs, permanent admissions and, most controversially, unauthorized aliens in the United States. The 111th Congress has considered various immigration issues and has enacted a number of targeted immigration provisions. It has passed legislation (P.L. 111-8, P.L. 111-9, P.L. 111-68, P.L. 111-83) to extend the life of several immigration programs--the E-Verify electronic employment eligibility verification system, the Immigrant Investor Regional Center Program, the Conrad State J-1 Waiver Program, and the special immigrant visa for religious workers--all of which are currently authorized until September 30, 2012. Among the other subjects of legislation enacted by this Congress are refugees (P.L. 111-8) and border security (P.L. 111-5, P.L. 111-32). This report discusses these and other immigration-related issues that have seen legislative action or are of significant congressional interest. Department of Homeland Security (DHS) appropriations are addressed in CRS Report R40642, Homeland Security Department: FY2010 Appropriations, and, for the most part, are not covered here."

  Library of Congress. Congressional Research Service

  Ester, Karma; Bruno, Andorra; Haddal, Chad C.

  2009-11-04
• Immigration Legislation and Issues in the 111th Congress [October 2, 2009]

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  "It is unclear what the components of any immigration reform proposals that the 111th Congress may consider will be. In the past, comprehensive bills have addressed border security, enforcement of immigration laws within the United States (interior enforcement), employment eligibility verification, temporary worker programs, permanent admissions and, most controversially, unauthorized aliens in the United States. The 111th Congress has considered various immigration issues and has enacted a number of targeted immigration provisions. It has passed legislation (P.L. 111-8, P.L. 111-9, P.L. 111-68) to extend the life of several immigration programs--the E-Verify electronic employment eligibility verification system, the Immigrant Investor Regional Center Program, the Conrad State J-1 Waiver Program, and the special immigrant visa for religious workers--all of which are currently authorized until October 31, 2009. With respect to these programs, the House-passed and Senatepassed versions of the Department of Homeland Security Appropriations Act, 2010 (H.R. 2892), include different provisions to further extend E-Verify. The Senate-passed bill also would extend the other three programs. Among the other subjects of legislation enacted by this Congress are refugees (P.L. 111-8) and border security (P.L. 111-5, P.L. 111-32). This report discusses these and other immigration-related issues that have seen legislative action or are of significant congressional interest. Department of Homeland Security (DHS) appropriations are addressed in CRS Report R40642, Homeland Security Department: FY2010 Appropriations, and, for the most part, are not covered here. This report will be updated as legislative developments occur."

  Library of Congress. Congressional Research Service

  Ester, Karma; Bruno, Andorra; Haddal, Chad C.

  2009-10-02
• Immigration: Policy Considerations Related to Guest Worker Programs [July 28, 2009]

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  "At present, the United States has two main programs for temporarily importing low-skilled workers, sometimes referred to as guest workers. Agricultural guest workers enter through the H- 2A visa program, and other guest workers enter through the H-2B visa program. Before an employer can file a petition with the U.S. Department of Homeland Security (DHS) to import workers under either program, the employer must apply to the U.S. Department of Labor (DOL) for a certification that U.S. workers capable of performing the work are not available and that the employment of alien workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. Other requirements of the programs differ. In December 2008, DHS and DOL published final rules to significantly amend their H-2A and H- 2B regulations. [...] The DHS final H-2A and H-2B rules modify previous limitations on H-2A and H-2B workers' periods of stay in the United States. The rules also establish new requirements under both visas. They prohibit payments by prospective H-2A or H-2B workers to employers, recruiters, or other employment service providers where the payments are a condition of obtaining H-2A or H-2B employment... provide for the denial or revocation of petitions in the event of petitioner violations... and limit participation in the H-2A and H-2B programs to nationals of designated countries. [...] The current discussion of guest worker programs takes place against a backdrop of high levels of unauthorized migration to the United States, and one question that often arises about proposals for new guest worker programs is whether they would enable participants to obtain legal permanent resident (LPR) status."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2009-07-28
• Unauthorized Employment in the United States: Issues, Options, and Legislation [March 2, 2009]

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  "As immigration reform and the illegal alien population have gained congressional and public attention in the past several years, the issue of unauthorized employment has come to the fore. It is widely accepted that most unauthorized aliens enter and remain in the United States in order to work. Thus, eliminating employment opportunities for these aliens has been seen as key to curtailing unauthorized immigration. [...]. A variety of options has been put forth to curtail unauthorized employment and related practices, a selection of which is discussed in this report. Some of these options would build on the current employment eligibility verification system; these include making electronic verification mandatory, increasing existing penalties, or increasing resources for worksite enforcement. Others represent new approaches to address unauthorized employment, such as shifting responsibility for employment eligibility verification from employers to the federal government. Multiple bills related to unauthorized employment have been introduced in the 111th Congress. Among them, the Omnibus Appropriations Act, 2009 (H.R. 1105), as introduced and as passed by the House, includes a provision to extend E-Verify through September 30, 2009. [...]. This report will be updated as developments warrant."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2009-03-02
• Iraqi Refugees and Internally Displaced Persons: A Deepening Humanitarian Crisis? [February 13, 2009]

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  "Some aspects of the humanitarian crisis many feared would take place in March 2003 with the initial military operation in Iraq unfolded later as a result of the ongoing insurgency and sectarian violence. It is estimated that in total (including those displaced prior to the war) there may be as many as 2 million Iraqi refugees who have fled to Jordan, Syria, and other neighboring states, and approximately 2.7 million Iraqis who have been displaced within Iraq itself. Between 2004-2007, the violence and insecurity resulting from the ongoing sectarian strife, terrorism, and insurgency in Iraq produced substantial civilian displacement in different parts of the country. There are continued concerns about the absorptive capacity of neighboring countries, whether they can provide adequately for the populations that have moved across borders, and the impact of refugee flows on stability in general. Many of Iraq's neighbors fear that they are being overwhelmed by refugees who have fled over Iraq's borders. While there is clear evidence of limited improvement in Iraq--decreasing violence, reduced levels of displacement, and some returns in a few governorates--the situation in general remains fragile and requires sustained attention. UNHCR estimates that the number of Iraqis displaced within Iraq who need food and shelter exceeds 1 million people. This report provides an analysis of the current crisis, including an overview of the conditions for those displaced in Iraq and the refugee situations in Syria, Jordan, and elsewhere. It also provides information on the U.S. and international response and examines refugee resettlement options in the United States."

  Library of Congress. Congressional Research Service

  Sharp, Jeremy Maxwell; Margesson, Rhoda; Bruno, Andorra

  2009-02-13
• Electronic Employment Eligibility Verification [March 13, 2009]

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  From the Summary: "Many years of debate about unauthorized immigration to the United States culminated in 1986 with the enactment of the Immigration Reform and Control Act (IRCA). [...] Ten years later, in the face of a growing illegal alien population, Congress attempted to strengthen the employment verification process by establishing pilot programs for electronic verification, as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). The Basic Pilot program (known now as E-Verify), the first of the three IIRIRA employment verification pilots to be implemented and the only one still in operation, began in November 1997. [...]. The 111th Congress has considered provisions on E-Verify as part of the American Recovery and Reinvestment Act of 2009 (H.R. 1) and the Omnibus Appropriations Act, 2009 (H.R. 1105). Other legislation on E-Verify or on electronic employment verification more broadly may emerge in the future. In weighing such proposals, Congress may find it useful to evaluate them in terms of their potential impact on a set of related issues: unauthorized employment; verification system accuracy, efficiency, and capacity; discrimination; employer compliance; privacy; and verification system usability and employer burden."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2009-03-13
• Consular Identification Cards: Domestic and Foreign Policy Implications, the Mexican Case, and Related Legislation [Updated May 26, 2005]

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  "The current debate about consular identification cards in the United States has centered around the matrícula consular, the consular identification card issued by Mexican consulates to Mexican citizens in the United States. In May 2003, the Treasury Department issued regulations allowing acceptance of the cards as proof of identity for the purpose of opening a bank account, and the cards are accepted for other purposes as well, including issuance of drivers licenses."

  Library of Congress. Congressional Research Service

  Bruno, Andorra; Storrs, K. Larry (Keith Larry), 1937-

  2005-05-26
• Immigration Legislation and Issues in the 108th Congress [Updated June 22, 2004]

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  "The 108th Congress has considered and is considering legislation on a wide range of immigration issues. Chief among these are the transfer of immigration authorities to the Department of Homeland Security (DHS), expedited naturalization through military service, and foreign temporary workers and business personnel. Since passage of the Homeland Security Act of 2002 (P.L. 107-296) and the creation of DHS, Congress has considered legislation to clarify the allocation of immigration authorities between the Secretary of DHS and the Attorney General. P.L. 108-7 amended the Immigration and Nationality Act (INA) in an apparent effort to clarify the authority that was to remain with the Attorney General. H.R. 1416, as passed by the House and reported by the Senate Governmental Affairs Committee, would further amend the INA to remove certain references to the Attorney General. This report will be updated as legislative developments occur."

  Library of Congress. Congressional Research Service

  Wasem, Ruth Ellen; Siskin, Alison; Bruno, Andorra

  2004-06-22
• Immigration Legislation and Issues in the 107th Congress [Updated October 30, 2002]

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  "Top immigration issues before the 107th Congress include the reorganization of the Immigration and Naturalization Service (INS), a part of the Department of Justice (DOJ); admissions policy; and the eligibility of non-citizens for public assistance. Also pending are measures to enable unauthorized aliens to become legal permanent residents (LPRs) and to reform temporary guest worker programs. Amendments proposed in the Senate would create a directorate of immigration affairs within the new department with responsibility for immigration service and enforcement functions. The Administration has proposed transferring all of INS to a new homeland security department under a border and transportation security division. Admissions policy, particularly responsibility for issuing visas, is a key issue in discussions about establishing a homeland security department. Congress is addressing non-citizen eligibility for public assistance in the context of bills to reauthorize federal public benefit programs. The 'farm bill' (P.L. 107-171) expands eligibility for food stamps for certain classes of LPRs. H.R. 4737 would reauthorize Temporary Assistance for Needy Families. This legislation would extend a provision of the Immigration and Nationality Act- §245(i)- that currently covers illegal aliens whose sponsors filed petitions or applications on their behalf by April 30, 2001. H.R. 1885 has been passed in different forms by the House and Senate. Other pending bills would establish mechanisms to allow particular groups of unauthorized aliens- such as agricultural workers and students- to become LPRs."

  Library of Congress. Congressional Research Service

  Wasem, Ruth Ellen; Siskin, Alison; Ester, Karma . . .

  2002-10-30
• Immigration-Related Worksite Enforcement: Performance Measures [December 2, 2008]

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  "According to 2006 estimates, there are some 7.8 million unauthorized workers in the U.S. civilian workforce. DHS's U.S. Immigration and Customs Enforcement (ICE) is responsible for immigration-related worksite enforcement, or enforcement of the prohibitions on unauthorized employment in Section 274A of the Immigration and Nationality Act (INA). The INA §274A provisions […] make it unlawful for an employer to knowingly hire, recruit or refer for a fee, or continue to employ an alien who is not authorized to be so employed. Today, ICE's worksite enforcement program is focused primarily on cases that involve critical infrastructure facilities and cases involving employers who commit 'egregious violations' of criminal statutes and engage in worker exploitation. Employers who violate INA prohibitions on the unlawful employment of aliens may be subject to civil monetary penalties and/or criminal penalties. […] Various measures are available to examine the performance of ICE's worksite enforcement program. They include Final Orders for civil monetary penalties, administrative fines, administrative arrests, criminal arrests, criminal indictments and convictions, and criminal fines and forfeitures. In recent years, ICE has generally focused less on administrative fines and more on administrative and criminal arrests, criminal prosecutions, and criminal fines and forfeitures. The data presented here show increases in these latter measures in recent years."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2008-12-02
• Immigration: Policy Considerations Related to Guest Worker Programs [Updated January 26, 2006]

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  "In 2001, the United States and Mexico began Cabinet-level talks on migration. Although the details of these discussions were not made public, two issues - legalization and a temporary worker program - dominated media coverage. The talks lost momentum after the terrorist attacks of September 11, 2001, as the Bush Administration focused its attention on security-related matters. A temporary worker program (not limited to Mexico), however, remains of interest to some Members of Congress and Administration officials. Various bills to reform existing programs for foreign temporary workers and to create new temporary worker programs have been introduced in recent Congresses. Several such bills are before the 109th Congress. In January 2004, the Bush Administration outlined a proposal for a new temporary worker program. The new programs under discussion presumably would cover largely low-skilled workers."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2006-01-26
• Immigration Enforcement Within the United States [April 6, 2006]

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  "An estimated 11 million unauthorized aliens reside in the United States, and this population is estimated to increase by 500,000 annually. Each year, approximately 1 million aliens are apprehended trying to enter the United States illegally. Although most of these aliens enter the United States for economic opportunities and family reunification, or to avoid civil strife and political unrest, some are criminals, and some may be terrorists. All are violating the United States' immigration laws. Immigration enforcement is the regulation of those who violate provisions of the Immigration and Nationality Act (INA). This includes violations of the INA's civil provisions (e.g., violate the conditions of their admittance), as well as U.S. citizens or aliens who violate the criminal provisions (e.g., marriage fraud or alien smuggling). Many divergent tasks are incorporated under the banner of immigration enforcement. These include removing aliens who should not be in the United States, investigating alien smuggling and trafficking, patrolling between and at ports of entry, combating document and benefit fraud, and enforcing the prohibitions against employers hiring aliens without work authorization."

  Library of Congress. Congressional Research Service

  Siskin, Alison; Bruno, Andorra; Nunez-Neto, Blas

  2006-04-06
• Iraqi Refugees and Internally Displaced Persons: A Deepening Humanitarian Crisis? [Updated August 15, 2008]

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  "This report provides an analysis of the current crisis, including the conditions for those displaced in Iraq and the refugee situations in Syria, Jordan, and elsewhere. It also provides information on the U.S. and international response and examines refugee resettlement options in the United States. Aspects of this crisis that may be of particular interest to the 110th Congress include a focus on an immediate response (providing humanitarian relief funding), examining resettlement policies, and developing a strategy to manage the displaced, particularly within Iraq." "During 2004-2007, the violence and insecurity resulting from the ongoing sectarian strife, terrorism, and insurgency in Iraq produced substantial civilian displacement in different parts of the country. Many of Iraq's neighbors fear that they are being overwhelmed by refugees who have fled over Iraq's borders. There are heightened concerns about the absorptive capacity of neighboring countries, whether they can provide adequately for the populations that have moved across borders, and the impact of refugee flows on stability in general. While there is clear evidence of limited improvement in Iraq -- decreasing violence, reduced levels of displacement, and a handful of returns in a few governorates -- the situation in general remains precarious and requires sustained attention. UNHCR estimates that the number of Iraqis displaced within Iraq who need food and shelter exceeds 1 million people."

  Library of Congress. Congressional Research Service

  Sharp, Jeremy Maxwell; Margesson, Rhoda; Bruno, Andorra

  2008-08-15
• Immigration Legislation and Issues in the 108th Congress [Updated October 6, 2004]

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  "The 108th Congress has considered and is considering legislation on a wide range of immigration issues. Chief among these are the immigration-related recommendations of the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission), expedited naturalization through military service, and foreign temporary workers and business personnel. Several major bills that seek to implement recommendations of the 9/11 Commission propose significant revisions to U.S. immigration law: H.R. 10, S. 2845, S. 2774/H.R. 5040, and H.R. 5024. Of these bills, H.R. 10 proposes the most extensive revisions of the Immigration and Nationality Act (INA). The major immigration areas under consideration in these comprehensive 9/11 Commission bills include: asylum, biometric tracking systems, border security, document security, exclusion, and visa issuances. Since the Homeland Security Act of 2002 (P.L. 107-296) created the Department of Homeland Security (DHS), Congress has considered legislation to clarify the allocation of immigration authorities between the Secretary of DHS and the Attorney General. P.L. 108-7 amended the INA in an apparent effort to clarify the authority that was to remain with the Attorney General. H.R. 1416, as passed by the House and reported by the Senate Governmental Affairs Committee, would further amend the INA to remove certain references to the Attorney General. Among other immigration-related legislation receiving action are adjustment of status of unauthorized alien students (S. 1545), noncitizen eligibility for Medicaid (P.L. 108-173), consular identification cards (H.R. 1950), elimination of the diversity visa lottery (H.R. 775) and employment eligibility verification pilot programs (P.L. 108-156). This report will be updated as legislative developments occur."

  Library of Congress. Congressional Research Service

  Wasem, Ruth Ellen; Ester, Karma; Bruno, Andorra

  2004-10-06
• Immigration: Adjustment to Permanent Resident Status Under Section 245(i) [Updated April 18, 2002]

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  "The Senate may again consider extending a controversial immigration provision known as §245(i). On March 12, 2002, the House passed such an extension. Section 245(i) of the Immigration and Nationality Act was first enacted as a temporary provision in 1994 and has been extended several times since then. It enables unauthorized aliens in the United States who are eligible for immigrant visas based on family relationships or job skills to become legal permanent residents (LPRs) without leaving the country, provided they pay an additional fee. Before an alien can apply to adjust to LPR status, the alien must have an approved immigrant visa petition and must have a visa number immediately available to him or her. Currently, to be eligible to adjust status under §245(i), an unauthorized alien must be the beneficiary of an immigrant petition or labor certification application filed by April 30, 2001. An unauthorized alien whose petition or application was not filed by April 30, 2001 must go overseas to obtain a visa. Section 245(i) became more significant after 1996, when Congress enacted a law containing a provision known as the '3 and 10 year bars.' Now an alien who is unlawfully present in the United States for more than 180 days and then leaves the country is barred from re-entry for either 3 or 10 years, depending on the length of the illegal stay. By enabling eligible aliens to become LPRs without departing the country to obtain visas, §245(i) shields them from the effects of these bars."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2002-04-18
• Immigration-Related Worksite Enforcement: Performance Measures [June 24, 2010]

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  "In the spring of 2009, the Department of Homeland Security (DHS) issued new guidance on immigration-related worksite enforcement. In the words of DHS, the updated guidance 'reflects a renewed Department-wide focus targeting criminal aliens and employers who cultivate illegal workplaces by breaking the country's laws and knowingly hiring illegal workers.' Under the guidelines, DHS 'will use all available civil and administrative tools, including civil fines and debarment, to penalize and deter illegal employment.' According to 2008 estimates, there are some 8.3 million unauthorized workers in the U.S. civilian labor force. DHS's U.S. Immigration and Customs Enforcement (ICE) is responsible for immigration-related worksite enforcement, or enforcement of the prohibitions on unauthorized employment in Section 274A of the Immigration and Nationality Act (INA). The INA §274A provisions, sometimes referred to as employer sanctions, make it unlawful for an employer to knowingly hire, recruit or refer for a fee, or continue to employ an alien who is not authorized to be so employed. Today, ICE's worksite enforcement program is focused primarily on cases that involve critical infrastructure facilities and cases involving employers who commit 'egregious violations' of criminal statutes and engage in worker exploitation."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2010-06-24
• Immigration: Policy Considerations Related to Guest Worker Programs [May 28, 2008]

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  "At present, the United States has two main programs for temporarily importing low-skilled workers, sometimes referred to as guest workers. Agricultural guest workers enter through the H-2A visa program, and other guest workers enter through the H-2B visa program. Employers interested in importing workers under either program must first apply to the U.S. Department of Labor for a certification that U.S. workers capable of performing the work are not available and that the employment of alien workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. Other requirements of the programs differ. […] President George W. Bush proposed a new, expanded temporary worker program in January 2004 when he announced his principles for immigration reform, and has since reiterated his support for such a program. In August 2007, following the unsuccessful cloture vote in the Senate on S. 1639, the Bush Administration announced that it would seek to streamline the existing H-2A and H-2B programs within current law. In February 2008, the U.S. Department of Labor (DOL) and the U.S. Department of Homeland Security (DHS) published proposed rules to significantly amend their respective H-2A regulations. The current discussion of guest worker programs takes place against a backdrop of historically high levels of unauthorized migration to the United States, and one question that often arises about proposals for new guest worker programs is whether they would enable participants to obtain LPR [legal permanent residents] status. Other issues raised in connection with guest worker proposals include how new program requirements would compare with those of the H-2A and H-2B programs and how the eligible population would be defined. This report will be updated as legislative developments occur."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2008-05-28
• Immigration Legislation and Issues in the 112th Congress [September 11, 2012]

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  "Despite President Obama's calls for a national conversation on immigration reform, immigration has not been a front-burner issue for the 112th Congress. Unlike in some past years, there has been little discussion in this Congress of comprehensive immigration reform legislation, which typically has encompassed border security, employment eligibility verification, temporary worker programs, permanent admissions, and unauthorized aliens, among other issues. The 112th Congress has, however, taken legislative action on some immigration-related measures. The Consolidated Appropriations Act, 2012 (P.L. 112-74) contains provisions on border security, visa security, tourist visas, refugees, and other immigration issues. Legislation has also been enacted on military service-based immigration benefits (P.L. 112-58), border tunnels (P.L. 112- 127), and E-2 treaty investor visas (P.L. 112-130). In addition, the House and Senate have each passed other immigration-related legislation. Both houses have passed different bills (H.R. 4970, S. 1925) to reauthorize the Violence Against Women Act (VAWA). The House has passed, and the Senate Homeland Security and Governmental Affairs Committee has reported, legislation (H.R. 915) that would provide statutory authority for the Border Enforcement Security Task Force (BEST) initiative. The House has passed bills that would reform permanent employment-based and family-based admissions (H.R. 3012) and to reauthorize the H-1C temporary worker category for nurses (H.R. 1933). It also has passed legislation on border security at and between ports of entry (H.R. 1299) and student visa reform (H.R. 3120). The Senate has passed a bill (S. 3245) that would extend the authorization for four immigration programs for three years, until September 30, 2015. The four programs are (1) the EB-5 visa program for immigrant investors, (2) the E-Verify electronic employment eligibility verification program, (3) the special immigrant religious worker program, and (4) the Conrad State J-1 visa waiver program for foreign medical graduates. The Senate FY2013 DHS Appropriations bill (S. 3216), as reported by the Senate Appropriations Committee, would likewise extend these four programs until September 30, 2015."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2012-09-11
• Electronic Employment Eligibility Verification [March 19, 2013]

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  From the Summary: "Legislation on electronic employment eligibility verification may be considered in the 113th Congress as part of a comprehensive immigration reform bill or as separate, stand-alone legislation. In weighing proposals on electronic employment verification, Congress may find it useful to evaluate them in terms of their potential impact on a set of related issues: unauthorized employment; verification system accuracy, efficiency, and capacity; discrimination; employer compliance; privacy; and verification system usability and employer burden."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2013-03-19
• Unauthorized Aliens: Policy Options for Providing Targeted Immigration Relief [February 13, 2013]

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  "For many years, the unauthorized alien population has been seen as a public policy challenge. Addressing this population, estimated to number more than 11 million today, may take on added urgency in 2013 if the 113th Congress tackles comprehensive immigration reform. Despite longstanding concern about the unauthorized population, however, there has not been much discussion about its composition. While the individuals included in this population at any point in time are officially categorized as unauthorized, they may differ significantly in their particular status-related circumstances under immigration law. For example, some unauthorized aliens in the United States have U.S. citizen or LPR family members or employers who are petitioning for them to become legal permanent residents (LPRs) of the United States under current law; others have no such sponsors. The variety of status-related circumstances among unauthorized aliens warrants attention because some immigration reform policy options under discussion would make distinctions based on individual circumstances. While there continue to be proposals seeking to establish statutory legalization programs to enable large numbers of unauthorized aliens to become LPRs or, conversely, proposals aimed at promoting the departure of large numbers of unauthorized aliens from the country over time, there also has been discussion of developing policies to provide targeted immigration relief to the unauthorized alien population. 'Immigration relief' is a broad term that encompasses relief from removal from the United States without the granting of a legal immigration status as well as relief in the form of a legal immigration status, which could be a temporary immigration status or a permanent immigration status. A main focus of these various discussions about targeted relief has been limiting eligibility for legal status to certain segments of the unauthorized population. To help inform policy discussions about addressing the unauthorized alien population in these targeted ways, this report will analyze components of the unauthorized population and discuss policy options to provide relief to selected subgroups of particular congressional and public interest."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2013-02-13
• Immigration Legislation and Issues in the 112th Congress [September 30, 2011]

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  "Despite President Obama's calls for a national conversation on immigration reform, immigration has not been a front-burner issue for the 112th Congress. The 112th Congress, however, has taken legislative action on some measures containing provisions on a range of immigration-related topics. The Department of Defense and Full-Year Continuing Appropriations Act, 2011 (P.L. 112- 10) includes a provision terminating a special refugee provision known as the Lautenberg amendment. The Department of Homeland Security (DHS) Appropriations Act, 2012 (H.R. 2017), as passed by the House and reported by the Senate Appropriations Committee, contains border security-related provisions on staffing at ports of entry and enforcement activities between ports of entry. The House has passed legislation to reauthorize the H-1C temporary worker category for nurses coming to work in medically underserved areas in the United States (H.R. 1933). It also has passed legislation concerning military service-based immigration benefits (H.R. 398). [...] This report discusses these and other immigration-related issues that have received legislative action or are of significant congressional interest in the 112th Congress. DHS appropriations are addressed in CRS Report R41982, Homeland Security Department: FY2012 Appropriations, and, for the most part, are not covered here."

  Library of Congress. Congressional Research Service

  Ester, Karma; Bruno, Andorra; Manuel, Kate

  2011-09-30
• North Korean Refugees in China and Human Rights Issues: International Response and U.S. Policy Options [Updated January 18, 2008]

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  "The increased international attention given to the situation of North Koreans seeking refuge, primarily in China, has led Congress to take a greater interest in the refugee situation and the underlying causes within North Korea and across its borders. Food shortages, persecution, and human rights abuses have prompted thousands and perhaps hundreds of thousands of North Koreans to go to China where they often become victims of further abuse, neglect, and lack of protection. Those who remain in North Korea […] also continue to suffer from a lack of food and other basic humanitarian provisions. […] North Korea has been viewed as a threat to U.S. interests for a number of important security reasons that go well beyond refugee concerns and human rights issues. These include the pursuit of nuclear weapons and missile programs; a history of proliferating missiles; reported threats to export parts of its self-declared nuclear arsenal; and possible possession of chemical and biological weapons programs. North Korea is also on the U.S. list of states that sponsor terrorism. Amid an atmosphere of continuing tensions over North Korea's nuclear program, the potential remains for worsening humanitarian conditions and a possible increase in North Koreans fleeing the country. The situation raises the questions of what more, if anything, can and should be done -- by the United States and the international community -- not only to focus attention on the abuses of the DPRK regime, but to alleviate the suffering of North Koreans."

  Library of Congress. Congressional Research Service

  Margesson, Rhoda; Bruno, Andorra; Chanlett-Avery, Emma

  2008-01-18
• Immigration Legislation and Issues in the 112th Congress [January 12, 2012]

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  "Despite President Obama's calls for a national conversation on immigration reform, immigration has not been a front-burner issue for the 112th Congress. The 112th Congress, however, has taken legislative action on some measures containing provisions on a range of immigration-related topics. The Department of Defense and Full-Year Continuing Appropriations Act, 2011 (P.L. 112- 10) terminated a special refugee provision known as the Lautenberg amendment. This amendment was subsequently re-enacted for FY2012 [Fiscal Year 2012] by the Consolidated Appropriations Act, 2012 (P.L. 112- 74). P.L. 112-74 also contains provisions on border security and other issues. P.L. 112-58, a narrow immigration law, concerns military service-based immigration benefits. The House has passed the Fairness for High-Skilled Immigrants Act of 2011 (H.R. 3012), which would make changes to permanent employment-based and family-based admissions. It also has passed legislation to reauthorize the H-1C temporary worker category for nurses coming to work in medically underserved areas in the United States (H.R. 1933). In other action on immigration-related legislation, the House Judiciary Committee has reported or ordered reported bills on electronic employment eligibility verification (H.R. 2885), immigrant detention (H.R. 1932), visa security (H.R. 1741), and the diversity visa (H.R. 704). Both the House Foreign Affairs Committee and the Senate Judiciary Committee have reported bills on victims of trafficking (H.R. 2830, S. 1301), and the House Natural Resources Committee has reported a bill concerning foreign residents of the Commonwealth of the Northern Mariana Islands (CNMI), a U.S. territory in the Pacific. In addition, House and Senate committees and subcommittees have held hearings on a number of immigration-related issues. This report discusses immigration-related issues that have received legislative action or are of significant congressional interest in the 112th Congress. Department of Homeland Security (DHS) appropriations are addressed in CRS [Congressional Research Service] Report R41982, Homeland Security Department: FY2012 Appropriations, and, for the most part, are not covered here."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2012-01-12
• Unauthorized Alien Students: Issues and 'DREAM Act' Legislation [June 1, 2011]

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  "Supporters of comprehensive immigration reform have urged the President and Congress to pursue reform legislation. While prospects for comprehensive reform--especially for proposals including large-scale legalization of unauthorized aliens--may have dimmed since the November 2010 elections, some supporters are advocating passage of more limited legislation to address the status of unauthorized alien students. Such legislation is commonly referred to as the '(Development, Relief and Education for Alien Minors (DREAM) Act.' Unauthorized aliens in the United States are able to receive free public education through high school. They may experience difficulty obtaining higher education, however, for several reasons. Among these reasons is a provision enacted in 1996 that prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting of 'in-state' residency status for tuition purposes. Unauthorized alien students also are not eligible for federal student financial aid. More broadly, as unauthorized aliens, they are not legally allowed to work and are subject to being removed from the country. […] DREAM Act bills (S. 952, H.R. 1842) have again been introduced in the 112th Congress, but it is unclear whether such legislation will be considered. This report will be updated as legislative developments occur."

  Library of Congress. Congressional Research Service

  Bruno, Andorra

  2011-06-01